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Commonwealth v. Gibbs

Superior Court of Pennsylvania

March 19, 2018

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
MARCUS GIBBS, Appellant

         Appeal from the Judgment of Sentence, May 31, 2017, in the Court of Common Pleas of Erie County, Criminal Division at No(s): CP-25-CR-0000031-2017

          BEFORE: LAZARUS, J., KUNSELMAN, J., and STEVENS, P.J.E. [*]

          OPINION

          KUNSELMAN, J.

         Marcus Gibbs appeals from the sentence entered against him because he claims the trial court did not properly award him credit for time served against his new criminal charges. After careful review, we vacate and remand.

         Gibbs has a lengthy criminal history, dating back to 1999. This docket served as his fifth conviction for possession of drugs, separate from convictions for possession with intent to deliver drugs. It is also his third conviction for driving while his operating privileges were suspended or revoked. Gibbs pled guilty to five charges in this matter:

Count 1: Possession of a Controlled Substance
Count 2: Possession of Marijuana - Small Amount Personal Use
Count 3: Possession of Drug Paraphernalia
Count 4: Disorderly Conduct
Count 5: Driving While Operation Privileges Suspended or Revoked.[1]

         When Gibbs was arrested on November 17, 2016, his bond was set at $75, 000 straight. He never posted bail and remained incarcerated until the time of his sentencing. These charges all occurred while Gibbs was on state parole for previous charges that occurred in 2007. Technically, Gibbs remained incarcerated on both the new criminal charges and a parole board detainer.

         On May 31, 2017, the court sentenced Gibbs on the new charges as follows:

Count 1: Incarceration for a minimum period of 6 months and a maximum period of 12 months, consecutive to 1157 of 2007 and 2780 of 2007, plus costs, a $100.00 fine and lab fee in the amount of $239.00. Count 2: Probation by the state probation ...

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