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RONALD M. FOSTER v. COMMONWEALTH PENNSYLVANIA (12/27/82)

decided: December 27, 1982.

RONALD M. FOSTER, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



Original jurisdiction in case of Ronald M. Foster v. Commonwealth of Pennsylvania, Board of Probation and Parole.

COUNSEL

Ferris P. Webby, Assistant Public Defender, for petitioner.

Arthur R. Thomas, Assistant Chief Counsel, with him Robert A. Greevy, Chief Counsel, Jay C. Waldman, General Counsel, and LeRoy S. Zimmerman, Attorney General, for respondent.

Judges Rogers, Craig and MacPhail, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 70 Pa. Commw. Page 520]

Ronald M. Foster has filed a Petition for Review and an amended Petition for Review of an order of the Pennsylvania Board of Probation and Parole recomputing the maximum expiration date of his original sentence. On December 3, 1965 Foster was sentenced to a term of six months to twenty years for burglary,

[ 70 Pa. Commw. Page 521]

    larceny, and receiving stolen goods. The maximum expiration date of the sentence was August 1, 1985. He was released on parole on September 3, 1968.

On September 22, 1970, the petitioner was arrested and charged with rape. The Board lodged a detainer on September 29, 1970. He was acquitted of the rape charges and reinstated on parole on December 28, 1971.

On September 25, 1972, the petitioner was arrested on new criminal charges and the Board filed a detainer on October 25, 1972. The petitioner was convicted of the new charges on November 30, 1972 and he was sentenced to a term of imprisonment on May 3, 1973. The Board recommitted the petitioner as a convicted parole violator on July 17, 1973 and added a period of three years, five months and one day to the maximum expiration date of his original sentence, resulting in a new maximum expiration date of January 2, 1989. The Board did not give the petitioner credit against his original sentence for the time he spent in custody for the criminal charges of which he was convicted on November 30, 1972, during the period from October 25, 1972 when the Board's detainer was filed, until May 3, 1973 when he was sentenced. Nor, of course, was the petitioner given credit for his street time while on parole. He was given credit for the period from September 29, 1970 until December 28, 1971 when he was confined under the Board's detainer on the charges of rape of which he was acquitted in 1971.

The petitioner contends that the Board erred in the recomputation of his sentence by adding to his original sentence the time he spent in confinement from October 25, 1972 until May 3, 1973.

In Gaito v. Board of Probation and Parole, 488 Pa. 397, 412 A.2d 568 (1980) the ...


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