Derrick Wright-Wilson v. Pennsylvania Parole Board

Summary

The Commonwealth Court of Pennsylvania affirmed the Pennsylvania Parole Board’s order denying Derrick Wright-Wilson’s administrative relief petition. The court held that the Board correctly calculated the remaining balance of his original sentence and its maximum release date after recommitting him as a convicted parole violator. The court also granted appointed counsel’s application to withdraw after independently determining that the appeal lacked merit.

Holdings

1. Counsel satisfied the technical requirements for withdrawal because the no-merit letter described the procedural history, identified the issues Wright-Wilson wished to raise, explained why those issues lacked merit, served Wright-Wilson with the application and letter, and advised him of his right to obtain substitute counsel or proceed pro se.
2. A convicted parole violator's service of the balance of the original sentence begins when the Board revokes parole and the remainder of the original sentence becomes due and owing, not merely when the parolee is arrested or detained on new charges.
3. A parolee who does not post bail is not entitled to credit against the original sentence for detention on both the new criminal charges and the Board's detainer; that detention credit is applied to the new sentence.

Questions Presented

1. Whether appointed counsel satisfied the technical requirements for withdrawal under the Turner no-merit-letter procedure.
2. Whether the Board correctly calculated the commencement date and amount of backtime owed on Wright-Wilson's original sentence.
3. Whether Wright-Wilson was entitled to credit against his original sentence for the period between his arrest on the new charges and the Board's revocation of parole when he did not post bail.

Disposition

affirmed