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JOHN CLAIR LANTZY v. COMMONWEALTH PENNSYLVANIA (07/24/79)

decided: July 24, 1979.

JOHN CLAIR LANTZY, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, RESPONDENT



Original jurisdiction in case of John Clair Lantzy v. Commonwealth of Pennsylvania.

COUNSEL

John C. Lantzy, petitioner, for himself.

Robert A. Greevy, Assistant Attorney General, with him Gerald Gornish, Attorney General, for respondent.

President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers, Blatt, DiSalle, Craig and MacPhail. Opinion by Judge Craig.

Author: Craig

[ 44 Pa. Commw. Page 397]

John Lantzy (petitioner) filed a petition for review with this Court to determine whether the Pennsylvania Board of Probation and Parole (Board), should give him credit for time spent in the Indiana County jail from October, 1975 to early March, 1976.

Before us are the parties' cross-motions for judgment on the pleadings. Because the record is deficient in several respects, we will direct the Board to submit an affidavit of clarification.

Petitioner was arrested on October 23, 1975 in Indiana County for driving under suspension. He received

[ 44 Pa. Commw. Page 398]

    a suspended 12-to-24 month sentence on March 1, 1976, and was placed on two years' probation.

The record indicates that in August, 1976, petitioner was given multiple concurrent sentences in Clarion County for offenses unrelated to his October 23, 1975 arrest.

In September, 1976, petitioner was further sentenced in Indiana County, to a further concurrent term of three-to-six years, effective September 2, 1976. In February, 1978, the Board credited petitioner with 130 days on that sentence, recomputed his effective date on that sentence to April 22, 1976, and modified his minimum and maximum dates.

As a result of further sentencing in other counties on separate offenses, petitioner's present latest minimum date is May 4, 1982, and his ...


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