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COMMONWEALTH PENNSYLVANIA v. ADMIRAL PERRY (02/06/89)

submitted: February 6, 1989.

COMMONWEALTH OF PENNSYLVANIA
v.
ADMIRAL PERRY, APPELLANT



Appeal from an order entered July 8, 1988 in the Court of Common Pleas of Philadelphia County at June Term, 1975 Nos. 1775 and 1776 and March Term 1981 Nos. 1050 thru 1055.

COUNSEL

Bernard Turner, Philadelphia, for appellant.

Donna G. Zucker, Asst. Dist. Atty., Philadelphia, for Com.

Del Sole, Kelly and Hester, JJ. Del Sole, J., files a concurring opinion.

Author: Kelly

[ 386 Pa. Super. Page 536]

Appellant's sole contention on appeal is that the trial court erred in dismissing his Post Conviction Relief Act (PCRA)*fn1 petition which alleged that the Bureau of Corrections had erred in the calculation of his credit for time served. We agree that a PCRA petition is not the proper vehicle for appellant to raise this challenge, and affirm the order of the trial court.

Facts and Procedural History

On October 8, 1975, appellant was convicted of rape and burglary. He was sentenced to a term of imprisonment of eighteen to thirty-six months on the rape conviction and a consecutive five year term of probation on the burglary charge. On February 1, 1981, while still on probation, appellant was arrested and charged with murder and related offenses arising from the brutal beating death of a 78-year-old woman in her Philadelphia home. On February 2, 1982, a jury trial resulted in appellant's conviction of third degree murder, robbery and burglary. Before sentencing on those convictions, appellant was determined to have violated his probation on his 1975 burglary conviction, probation was revoked, and he was sentenced to a five to ten year term of imprisonment. He was subsequently sentenced to an aggregate term of fifteen to thirty years imprisonment on the third degree murder, robbery, and burglary convictions. His conviction and the revocation of

[ 386 Pa. Super. Page 537]

    probation were separately appealed to this Court and separately affirmed.

In this appeal, appellant alleges that in November of 1985, he sent an inmate's request slip to the Chief Record's Officer informing him of an alleged miscalculation of appellant's sentence and received the following reply:

If you feel there is credit coming to the detainer sentences, you will have to get it from the Court and have the Court send it to me. I cannot go by your copy of Court papers. The record will stand unless the Court notifies me differently.

(Appellant's Pro Se Answer to Counsel's Petition to Withdraw, at 1). Appellant asserts further that a praecipe to the clerk of the court of common pleas, directing the clerk to ...


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