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[U] Commonwealth v. Clinard

Superior Court of Pennsylvania

September 25, 2013

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
ROGER NELSON CLINARD, JR., Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence December 27, 2012 In the Court of Common Pleas of Lancaster County Criminal Division No(s).: CP-36-CR-0004013-2009, CP-36-CR-0005132-2009 CP-36-CR-0005160-2008 CP-36-CR-0005301-2008.

BEFORE: BENDER, LAZARUS, and FITZGERALD, [*] JJ.

JUDGMENT ORDER

FITZGERALD, J.

Appellant, Roger N. Clinard, Jr., [1] appeals from the judgment of sentence entered in the Lancaster County Court of Common Pleas following his revocation of probation. He contends the trial court imposed an illegal sentence of six to twelve months in prison because his credit for time served exceeded twelve months. The Commonwealth and trial court agree. We vacate the judgment of sentence and remand for resentencing.

The facts are unnecessary to our disposition. On December 8, 2009, Appellant, pursuant to a negotiated plea agreement, pleaded guilty to numerous charges, including accidents involving damage to attended vehicles.[2] This offense is "punishable by a fine of $2, 500 or imprisonment for not more than one year, or both." 75 Pa.C.S. § 3743(b). After a pre-sentence investigation report, on April 21, 2010, the trial court sentenced Appellant to, inter alia, one year of probation for this charge. Subsequently, on April 20, 2012, the court held that Appellant violated his probation and on December 27, 2012, sentenced him to, inter alia, six to twelve months' imprisonment for the aforementioned charge.

Appellant filed a timely appeal on January 28, 2013, and timely filed a court-ordered Pa.R.A.P. 1925(b) statement alleging that the sentence was illegal because he had 656 days of credit for time served. Thus, Appellant maintained, the time served exceeded the twelve-month maximum sentence. Appellant's Pa.R.A.P. 1925(b) statement. The Commonwealth filed an answer agreeing with Appellant's allegation. The trial court filed a Pa.R.A.P. 1925(a) opinion agreeing that it erred and requesting this Court to remand the case for resentencing. We hold Appellant is entitled to relief.

Judgment of sentence vacated. Case remanded for resentencing. Jurisdiction relinquished.

Judgment Entered.


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