Appeal from the Order of the Pennsylvania Board of Probation and Parole in the case of Anthony Blagman v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, dated October 30, 1980.
Philip T. Medico, Jr., Assistant Public Defender, for petitioner.
Robert A. Greevy, Chief Counsel, with him, Arthur R. Thomas, Assistant Chief Counsel, Jay C. Waldman, General Counsel, and LeRoy S. Zimmerman, Attorney General, for respondent.
Judges Blatt, Williams, Jr. and Doyle, sitting as a panel of three. Opinion by Judge Doyle.
[ 77 Pa. Commw. Page 590]
This is an appeal by Anthony Blagman from a decision of the Pennsylvania Board of Probation and Parole (Board) which denied Blagman administrative relief and affirmed his recommittment as both a technical and convicted parole violator. The single issue before this Court is whether Blagman has received proper credit for time he spent in custody.
On December 24, 1976, Blagman was released on parole from the State Correctional Institution at Dallas after serving almost two years, ten months of a ten year sentence for robbery.*fn1 While on probation, Blagman was first arrested and subsequently convicted of Possession and Delivery of a Controlled Substance. He served approximately sixteen months of a one to four year sentence and was released on parole from the Delaware County Prison on November 15, 1978. Thereafter, and for the second time while on parole, Blagman was arrested on April 30, 1979 and charged with various crimes including Robbery and Resisting Arrest. He was released on bail on May 3, 1979. On June 12, 1979 he was arrested for the third
[ 77 Pa. Commw. Page 591]
time while on parole, this time on charges of Retail Theft. On the same day, a fine of $300 was imposed and Blagman was released.
On July 24, 1979, Blagman was arrested by the agents of the Board for technical parole violations and, based on the new criminal charges, a detainer was filed. On July 31, 1979, bail relating to the new criminal charges was revoked. On September 13, 1979, Blagman was found guilty of various charges stemming from his arrest on April 30, 1979, including Robbery; sentencing was deferred. On October 1, 1979, he was convicted of resisting arrest, also stemming from his arrest on April 30, 1979, and sentenced to a term of three to twelve months in Delaware County Prison. On November 5, 1979, the Board rendered a decision to recommit Blagman as a technical parole violator when available. On January 10, 1980, after the required hearings, the Board reaffirmed the previous recommitment of Blagman for technical parole violations and ordered him additionally recommitted as a convicted parole violator. On March 25, 1980 Blagman was granted county parole on the three to twelve month sentence and on July 3, 1980 was sentenced to two concurrent terms of four to fifteen years for the theft and robbery convictions. On August 29, 1980, the Board reaffirmed its January 10, 1980 decision to recommit Blagman as a technical and convicted parole violator, to be reviewed in January, 1984.
Blagman's original maximum term was modified to read September 3, 1987, due to the parole violation time amounting to seven years, two months, to be computed from July 3, 1980. In calculating this parole violation time, Blagman was credited with seven days for the period he was detained between July 24, 1979 (date arrested by parole agent) and July 31, 1979
[ 77 Pa. Commw. Page 592]
(date bail revoked on new criminal charges).*fn2 The record indicates he is currently serving this ordered back time.*fn3 The record also shows that Blagman will be credited with five months, twelve days against the new sentence imposed on July 3, 1980. Before this Court, Blagman argues that he is entitled to credit against his original sentence for a period of fourteen months and two days, from July 24, 1979, when he was arrested on the Board's detainer, to September 26, 1980.*fn4 After ...