Appeal from the PCRA Order June 26, 2013, Court of Common Pleas, Allegheny County, Criminal Division at No. CP-02-CR-0014658-2004
BEFORE: FORD ELLIOTT, P.J.E., DONOHUE and PLATT [*] , JJ.
Appellant, Jeff Schirone Williams a/k/a Jafarnia Williams ("Williams"), appeals from the order granting in part and denying in part relief requested pursuant to the Post-Conviction Relief Act ("PCRA"), 42 Pa.C.S.A. §§ 9541-46. For the reasons that follow, we affirm the trial court's order.
On September 17, 1991, the trial court, per the Honorable Judge Jeffrey Manning, sentenced Williams at CC199193256 to a term of incarceration of five to twelve years for kidnapping and a concurrent term of incarceration of one and one-half years for aggravated indecent assault. During the PCRA proceedings, it was determined that Williams' prior record score for the kidnapping conviction had been miscalculated. On December 21, 2000, Judge Manning re-sentenced Williams to a term of incarceration of two and one-half years to five years on the kidnapping conviction, and a consecutive term of four years of probation on the aggravated indecent assault conviction. Judge Manning's December 21, 2000 sentencing order provided that Williams was to be "released forthwith, " and in accordance with this provision Williams was released from incarceration on December 29, 2000.
On March 26, 2001, the Commonwealth and appointed counsel for Williams jointly signed and filed a motion to clarify the record, in which the parties indicated that the Department of Probation and Parole "has interpreted this Court's order as directing the probation to be effective December 20, 2000." Commonwealth's Motion to Clarify the Record, 3/26/2001, at ¶ 3. On May 31, 2001, Judge Manning signed the order attached to said motion, which order stated that the sentence on the kidnapping conviction was "not less than one (1) nor more than five (5) years imprisonment;" that a term of four years of probation on the aggravated indecent assault conviction was to begin at the expiration of the sentence for kidnapping; and that Williams was entitled to "receive credit for all time-served effective September 17, 1991." Trial Court Order, 5/31/2001, at 1. In effect, the May 31, 2001 order clarified that Williams had served the entirety of his sentences at CC199193256, with no further probation obligations.
On January 10, 2007, at CC200414658 (the present case), a jury found Williams guilty of kidnapping, 18 Pa.C.S.A. § 2901, corruption of minors, 18 Pa.C.S.A. § 6301, possession of a controlled substance with the intent to deliver, 35 P.S. § 780-113(30); and possession of drug paraphernalia, 35 P.S. § 780-113(32). On May 14, 2007, the trial court imposed an aggregate sentence of 15 to 30 years of imprisonment. On May 3, 2010, this Court affirmed the judgment of sentence.
On June 22, 2011, Williams filed a pro se PCRA petition, and the PCRA court appointed counsel to represent him. On August 22, 2011, however, Williams filed a petition for a Grazier hearing, which the PCRA court conducted on October 6, 2011. The PCRA court concluded that Williams' decision to waive his right to appointed counsel was made knowingly, intelligently, and voluntarily, and that as a result he could represent himself (with appointed counsel as backup counsel). On October 26, 2011, Williams filed an amended PCRA petition setting forth five issues, including a claim that the trial court had failed to provide him with credit for time served in connection with his sentence at CC199193256. On April 11, 2012, the PCRA court dismissed Williams' PCRA petition. In a memorandum decision dated March 12, 2013, this Court remanded the case for a hearing on the credit for time served issue, stating as follows:
[Williams'] probationary term in CC199193256 was four years; however, the time period for which he seeks credit amounts to four years, three months, and twelve days. Consequently, even if four years of that term were properly credited towards his probationary sentence, the remaining time appears to be unaccounted for.
Memorandum Decision, 3/12/2013, at 15-16.
On June 12, 2013, the PCRA court conducted an evidentiary hearing on remand. In its subsequent June 26, 2013 order, the PCRA court ruled that Williams was entitled to credit for time served from September 17, 2000 until December 29, 2000, a period of three months and twelve days. The PCRA court ruled that Williams was not entitled to credit for time served from September 17, 1991 to September 17, 2000. This appeal followed, in which Williams raises the following issue for our consideration and determination:
Whether the PCRA court erred by failing to credit [Williams] time spent in custody from September 17, 1996 to September 17, 2000, which the prior sentencing court did not explicitly state that the four (4) years of the illegal probation would be credited to the time spent in custody and it was error for the PCRA court ...