On September 30, 2008, Gov. Ed Rendell suspended parole for state sentences in Pennsylvania. The suspension is pending an evaluation and study of the early release program in Pennsylvania.
After 13 hours of deliberation, O.J. Simpson was found guilty of conspiracy to commit a crime, conspiracy to commit robbery, conspiracy to commit kidnapping, burglary while in possession of a deadly weapon, two counts first degree kidnapping with the use of a deadly weapon, two counts of robbery with the use of a deadly weapon, two counts of assault with a deadly weapon, and two counts of coercion with the use of a deadly weapon.
Brief Legal Summary: For the purposes of 3804(b)(2), ARD is considered a conviction on the date of acceptance.
Case Summary: Appellant William Joseph Love was convicted of DUI and sentenced as a repeat offender under 75 Pa.C.S.A. § 3806(b).
Love was arrested and charged with DUI in February 2006.He was accepted into the ARD program in June 2006.In September 2006, Love was arrested and charged with a second DUI.Love was removed from the ARD program in March 2007.In September 2007, Love was found guilty of the September 2006 DUI.Love entered a guilty plea to the February 2006 DUI.Love was sentenced on his September 2006 DUI in November 2007 as a repeat offender.
According to 75 Pa.C.S.A. § 3806, a defendant who is convicted of a second or subsequent DUI within a ten year period is subject to an stricter punishment.The trial court reasoned that under 75 Pa.C.S.A. § 3806(a)(1) and (b)(1), Love’s first DUI, which resulted in his acceptance into ARD, was considered a conviction as of the date he was accepted into ARD.On appeal, Love argued that the trial court erred in considering his ARD a conviction as of the date he was first accepted into the program rather than the date he entered his guilty plea for that offense.
The Superior Court concluded:
For the purposes of 75 Pa.C.S.A. § 3806(b), a DUI which results in the acceptance into an ARD program is considered a conviction as of the date the defendant is accepted into the ARD program.Simply put, acceptance, not fulfillment, triggers the repeat offender provision.
Commonwealth v. Mann2008 PA Super 215 Topic: Allocation of Jail Time-Parole Violator
Brief Legal Summary: If the defendant has a detainer and has failed to post bond on his new charge, the time in must go to the new charge. If the new sentence is shorter than the time served, the sentencing court must indicate that time is served for the excess time to go the parole violation.
Case Summary: Appellant Steven Mann was convicted of DUI, possession of drug paraphernalia, and terroristic threats. At sentencing, counsel requested and the trial court ordered that the time Mann spent in jail would not be applied to his new charges, but to his parole violation. The Superior Court held that “the sentencing court must include credit for time served in the order imposing sentence for an appellant’s new offenses.”
In this case, Mann was previously convicted and sentenced to four to eight years in prison in 1998. He was paroled in 2004. While on parole, Mann was arrested and charged with DUI, possession of drug paraphernalia, and terroristic threats in 2005. The state parole board lodged a detainer. Mann was convicted after a jury trial and sentenced to one and half to three years in prison in 2006. On the request of Mann’s attorney, the trial court ordered that none of the time Mann served since his 2005 arrest would go to his one and a half to three year sentence and that the time would go to his parole violation. The parole board sentenced Mann to nine months of back time.
The Superior Court concluded:
The trial court erred by not giving Mann credit for the time served.
The power to give time served rests solely with the trial court.
If a defendant has an active detainer and has failed to post bond on his new charges, the time in must first go to the new charges.
If there is extra time, the trial court must specify “time served” for the excess time to be applied to the parole violation.
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