Miles v. Pennsylvania Board of Probation and Parole12/17/2003
Patrick W. Miles (Miles) petitions for review of a May 29, 2003 decision of the Pennsylvania Board of Probation and Parole (Board) that denied his request for administrative relief of a Board order recommitting Miles to a state correctional institution as a convicted parole violator (CPV) and recalculating his maximum term of expiry to be November 22, 2008. We affirm.
Miles was originally sentenced on February 7, 1992 to a term of 3 to 10 years for aggravated assault. Thereafter, he was sentenced on December 8, 1992 to serve 1 to 5 years for delivery of a controlled substance, to be served consecutively to the aggravated assault sentence. Pursuant to Section 9757 of the Judicial Code, Miles' aggregate sentence was 4 to 15 years. The expiration of his minimum sentence was calculated to be June 16, 1995 and the maximum sentence was calculated to be June 16, 2006.
On October 9, 1995, Miles was released on parole to an approved plan. By order dated October 15, 1996, he was recommitted to serve 9 months backtime as a technical parole violator (TPV). Miles was released to an inpatient program on June 30, 1997, but was thereafter declared delinquent as of July 3, 1997. The Board then recommitted Miles as a TPV for (1) changing his residence without permission and (2) failing to report to his parole officer. He was ordered to serve 12 months backtime and his new maximum date was calculated to be July 18, 2006.
The Board released Miles to a community corrections center on July 26, 1999 but declared him delinquent a second time on July 16, 2000. By decision mailed October 18, 2000, the Board recommitted Miles as a TPV for (1) changing his residence without permission, (2) using drugs and (3), failing to enter and successfully complete a treatment program. The Board sentenced him to serve 12 months backtime. Consequently, Miles' new maximum expiration date was calculated to be August 15, 2006.
On November 5, 2001, the Board released Miles to a community corrections center. On July 19, 2002, he was arrested for driving under the influence of alcohol (DUI). He posted bail the same day. On July 26, 2002, Miles was arrested on charges of terroristic threats, defiant trespass, and disorderly conduct. He did not post bail on these charges and, on July 27, 2002, the Board issued its warrant to commit and detain Miles. The July 26, 2002 charges were ultimately withdrawn but Miles remained incarcerated pursuant to the Board's detainer.
On November 8, 2002, Miles pleaded guilty to DUI and received a sentence of 3 to 12 months. He received credit for time served and was immediately paroled. As a result of the DUI conviction, the Board held a revocation hearing on February 25, 2003, at which time Miles was recommitted as a CPV. His new maximum expiration date was calculated to be November 22, 2008.
Miles filed a request for administrative relief of the Board's decision, alleging that he failed to receive credit for time served as a result of the Board's detainer. The Board denied Miles' request for administrative relief and this appeal followed.
In his request for administrative relief before the Board, Miles argued that he was improperly denied credit for 8 months and 21 days of time spent at liberty while on parole. However, pursuant to Section 21.1(a) of what is commonly referred to as the Parole Act, a CPV is given no credit for the time at liberty on parole.
In this appeal, Miles argues that because the original maximum expiration date on the February 7, 1992 aggravated assault sentence expired on August 16, 2001 (June 16, 2001 plus periods of delinquency), he is being penalized by the aggregation of his sentences.
Page 1 2 Pennsylvania DUI Attorneys
DUI Lawyers
|