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Commonwealth v. Heredia

Superior Court of Pennsylvania

July 24, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
MIGUEL HEREDIA, Appellant

Submitted February 18, 2014

Appeal from the PCRA Order of the Court of Common Pleas, Philadelphia County, Criminal Division, No.: CP-51-CR-0000880-2009. Before BRIGHT, J.

Elayne Bryn, Philadelphia, for appellant.

Hugh J. Burns, Jr., Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

BEFORE: SHOGAN, J., OTT, J., and PLATT, J.[*] Shogan, J., files a Concurring and Dissenting Opinion.

OPINION

Page 393

PLATT, J.

Appellant, Miguel Heredia, appeals from the order dismissing his petition filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. § § 9541-9546. Appellant challenges the failure of the Department of Corrections (DOC) to award him credit for time served, in the face of the trial court's sentencing order expressly granting it. Appellant's claim is not cognizable under the PCRA. Accordingly, we affirm.

On September 17, 2009, Appellant entered a negotiated guilty plea to one count each of possession with intent to deliver a controlled substance and criminal conspiracy.[1] The charges stemmed from Appellant's delivery of cocaine to a cohort for street sale. On December 7, 2009, the trial court sentenced Appellant to an aggregate term of not less than four nor more than eight years' incarceration, followed by five years' probation. The court also granted Appellant credit for any time served. (See Order of Sentence, 12/07/09, at 1). Appellant did not file a direct appeal.

On January 18, 2011, Appellant, acting pro se, filed the instant PCRA petition. Appointed counsel filed an amended petition on August 2, 2012. On February 22, 2013, the court issued notice of its intent to dismiss the PCRA petition without a hearing. See Pa.R.Crim.P. 907(1). On March 28, 2013, the court entered its order dismissing Appellant's PCRA petition. Appellant timely appealed.[2]

Appellant raises the following issue for our review:

1. Whether the PCRA [c]ourt erred by denying [Appellant's] request for post-conviction relief, specifically the request for an order stating that he is to receive time credit for the time he spent in custody prior to the time that he was sentenced and the [DOC] is to correct the prison record accordingly[?]

Page 394

(Appellant's Brief, at 3) (record ...


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