Commonwealth v. Eric Richard Johnson 2009 PA Super 36 (2/26/2009)

Topic: Probation – Credit for Time Served

Summary: Where a defendant was sentenced for a probation violation, the Superior Court concluded that he was entitled to credit for time-served prior to his initial sentencing and time served prior to the sentencing for his probation violation.

Illustration: Defendant was arrested for charges and spent time in prison from June 21, 2007 to October 12, 2007. Defendant was sentenced on the charges on October 11, 2007. Defendant violated his probation and was detained from November 8, 2007 to January 9, 2008. Defendant was sentenced to state time and the trial court denied any credit for time served. The Superior Court concluded that under 42 Pa.C.S.A. §9760, Defendant was entitled to the time served from June 21, 2007 to October 12, 2007 (the time before his sentencing) and the time-served from November 8, 2007 to January 9, 2008 (while he was being detained for the probation violation. Judge Fitzgerald dissented to counting the time from June 21, 2007 to October 12, 2007 as being inconsistent with existing precedent.

http://www.pacourts.us/OpPosting/Superior/out/s75020_08.pdf