holding that parolee not entitled to credit for time spent serving sentence while on constructive parole because he was “at liberty on parole,” which is gauged by the time spent not serving the original sentence, not whether the offender is, in fact “at liberty”
How later courts described this case
- holding that parolee not entitled to credit for time spent serving sentence while on constructive parole because he was “at liberty on parole,” which is gauged by the time spent not serving the original sentence, not whether the offender is, in fact “at liberty”
- recommitment proper even though, hearing on technical violations was untimely when convicted parole violations were sufficient to revoke parole
Written by the judges who cited it.
The opinion
ROBERTS, Justice,
dissenting.
I dissent. On cross motions for summary judgment the Commonwealth Court sitting en banc unanimously found on an adequate record that “the petitioner would have been eligible for release on bail but for the Board’s detainer.” Thus, there is no need to remand for further findings. Indeed, neither party has requested such a remand. I would affirm the Commonwealth Court’s order and grant appellant credit against his original sentence for the time spent in custody because of the Board’s detainer.
O’BRIEN, J., joins in this dissenting opinion.