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COMMONWEALTH PENNSYLVANIA v. THOMAS G. MERLO (09/27/76)

decided: September 27, 1976.

COMMONWEALTH OF PENNSYLVANIA
v.
THOMAS G. MERLO, APPELLANT



Appeal from the Judgment of Sentence imposed August 25, 1975, of the Court of Common Pleas, Trial Division, Criminal Section, of Philadelphia County, at No. 1858 April Term, 1974. No. 1986 October Term, 1975

COUNSEL

Lee Mandell, Philadelphia, for appellant.

Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Philadelphia, for appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ.

Author: Jacobs

[ 242 Pa. Super. Page 518]

This is an appeal from a judgment of sentence of two years probation imposed on a charge of passing a bad

[ 242 Pa. Super. Page 519]

    check. 18 Pa.C.S. ยง 4105 (1973).*fn1 The sole and narrow issue presented involves statutory interpretation of the Agreement on Detainers;*fn2 it is an issue of first impression, not only in this Commonwealth but in all jurisdictions that are party states to the Agreement on Detainers.

The record reveals the following pertinent facts. On March 21, 1974, a criminal complaint was filed against the appellant, charging the passing of a bad check and theft by deception in connection with the purchase of an automobile. Appellant was arrested on March 24, 1974, arraigned on March 25, 1974 and on April 15, 1974 was held for action of the grand jury. At this time there were two other open cases against the appellant; one involving stolen bonds (bonds case), and the other involving stolen cars (car case). Appellant was indicted on the check case in the latter part of April 1974.

On or about May 7, 1974, appellant was adjudicated a federal probation violator, and was committed to the custody of the United States Attorney for a period of six months. On or about May 15, 1974 appellant was incarcerated in the federal correctional institution in Danbury, Connecticut.

Subsequent to appellant's federal incarceration detainers were lodged against him, and on June 28, 1974, pursuant to Article IV(a) of the Agreement on Detainers, the Philadelphia District Attorney's Office made a request for temporary custody of the appellant.*fn3

[ 242 Pa. Super. Page 520]

The request for temporary custody listed the bonds offense and the bad checks and theft by deception offenses as the untried indictments pending against the appellant. On August 28, ...


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