Submitted: May 31, 2019
BEFORE: HONORABLE ROBERT SIMPSON, ANNE E. COVEY, ELLEN
matter returns to us after our remand in Plummer v.
Pennsylvania Board of Probation & Parole (Pa.
Cmwlth., No. 1484 C.D. 2017, filed May 14, 2018), 2018 WL
2187872 (unreported) (Plummer I). Thomas Lee Plummer
(Plummer), through appointed counsel, petitions for review
from the post-remand order of the Pennsylvania Board of
Probation and Parole (Board), that affirmed its decision to
deny credit for time spent at liberty on
parole. Plummer argues the Board failed to provide
a contemporaneous statement explaining its reason for denying
credit pursuant to Pittman v. Pennsylvania Board of
Probation & Parole, 159 A.3d 466 (Pa. 2017). He also
challenges the legal sufficiency of the Board's reason
for denying credit. Upon review, we affirm.
was originally sentenced to a term of four to eight years for
firearm possession. Two months after his July 2012 release on
parole, Plummer was arrested on drug-related charges. He
remained in custody for approximately one year until the
charges were dropped in September 2013.
2015, Plummer was arrested on other drug charges and detained
in lieu of bail. He pled guilty to the charges and was
sentenced to 30 months to 5 years in prison with credit for
378 days for time served. A hearing examiner recommended
recommitting Plummer as a convicted parole violator (CPV), as
not amenable to supervision, and denying him credit for
2016, the Board recommitted Plummer as a CPV to serve his
unexpired term of one year, eight months and eight days
(Recommitment Order I). Relevant here, the Board made no
reference to exercising discretion in forfeiting or awarding
credit for Plummer's street time.
then unrepresented by counsel, filed an administrative appeal
arguing the Board erred in recalculating his maximum sentence
because Recommitment Order I stated he did not forfeit street
time. The Board denied Plummer's appeal, noting it acted
within its discretion to forfeit street time when
recommitting a CPV. The Board did not state a reason for
denying Plummer credit for his street time. Plummer
petitioned this Court for review of the Board's order.
Plummer's first appeal to this Court, we remanded this
matter to the Board to explain its reason for denying credit
under Pittman. Plummer I. We also directed
the Board to issue a corrected recommitment order, if
necessary, to clarify the amount of time Plummer forfeited as
a result of his conviction. Id.
remand, the Board reconsidered the issue of whether to award
or to deny Plummer credit for his street time. In June 2018,
the Board affirmed its decision to recommit Plummer as a CPV
to serve a total of one year, eight months, and eight days
(Recommitment Order II). Certified Record (C.R.) at 29.
Relevant here, the Board explained it denied Plummer credit
for time spent at liberty on parole due to his "prior
history of supervision failures." Id.; see
also C.R. at 15.
filed an administrative appeal, which the Board denied.
Plummer timely ...