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[U] Commonwealth v. Tarantola

Superior Court of Pennsylvania

February 5, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
BARBARA ANN TARANTOLA, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence March 14, 2013 In the Court of Common Pleas of Monroe County Criminal Division No(s).: CP-45-CR-0002407-2012

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

MEMORANDUM

FITZGERALD, J.

Appellant, Barbara Ann Tarantola, appeals from the judgment of sentence entered in the Monroe County Court of Common Pleas on March 14, 2013. Appellant contends the trial court erred in failing to fully credit her for time she spent incarcerated prior to sentencing on the underlying charges. We affirm.

On August 30, 2012, Appellant was charged with numerous criminal offenses including forgery[1] and theft by unlawful taking.[2] Appellant was arrested on those charges on September 14, 2012, in Florida whereupon she was extradited back to Pennsylvania and incarcerated in the Monroe County Correctional Facility. On October 5, 2012, Appellant was arraigned and bail was set.

Meanwhile, on September 25, 2012, New Jersey lodged a detainer, on similar but unrelated charges, against Appellant. Unable to post bond, Appellant remained incarcerated until she pled guilty to first-degree misdemeanor theft[3] on December 21, 2012. That same day, her bail was modified to unsecured status so that she could be transported to New Jersey. However, for some reason, Appellant was not transferred from Monroe County to New Jersey until January 30, 2013. She was released from custody having posted bail in New Jersey on February 13, 2013.

Appellant was sentenced in Monroe County on March 14, 2013, to two to twenty-three months' imprisonment, and ordered to make restitution of $25, 292.85 and pay the costs of the lower court proceedings. In its sentencing order, the trial court determined Appellant was entitled to a time-served credit[4] of eleven days, representing the period from September 14, 2012, to September 25, 2012.[5] Appellant's motion for reconsideration of sentence was denied on March 25, 2013, and this timely appeal from the judgment of sentence followed on March 27, 2013.[6]

In her brief, Appellant raises two issues:

Did the trial court err and abuse its discretion in failing, at the time of sentencing, to give Appellant credit for the time she had served in the Monroe County Correctional Facility pursuant to the charges for which she was sentenced, where no other credit had been given for such time?
Did the trial court err and abuse its discretion in sentencing [Appellant] without giving proper consideration to the provisions for sentencing contained in 42 Pa.C.S.A. § 9760(1)?

Appellant's Brief at 5.

Because Appellant's issues on appeal are interrelated, we address them together. Appellant claims for her first issue that the trial court erred when it determined that she was only entitled to eleven days' credit for time served when, in fact, she was in the Monroe County Correctional Facility from September 14, 2012, to December 21, 2012, as a result of charges arising in Pennsylvania—a total of ninety-eight days. She avers that the trial court improperly calculated her credit based on the possibility that she was to receive credit of 141 days against the New Jersey sentence because, at the time of her Pennsylvania sentencing, the New Jersey sentence was a future event.

For her second issue on appeal, Appellant claims that the plain language of section 9760(1) requires that she receive credit for all time spent in custody relative to the charges for which she was sentenced. Appellant emphasizes that it was improper for the Pennsylvania court to rely on New Jersey's possible award of 141 days of credit on entirely different charges for her time spent incarcerated in ...


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