Summary
The Pennsylvania Commonwealth Court affirmed the Pennsylvania Parole Board’s dismissal of Eric Cummings’ challenge to his sentence and credit calculations as untimely. The court held that Cummings was required to challenge the Board’s 2019 recommitment order within 30 days and that the applicable statute required service of the original sentence before the new sentence imposed for an offense committed while on parole. The court also granted appointed counsel’s application to withdraw after independently concluding that the appeal lacked merit.
Holdings
- Counsel satisfied the technical requirements for withdrawal by detailing the case review, identifying the issues Cummings wished to raise, explaining why the issues lacked merit, and advising Cummings of his rights; the court therefore granted the application to withdraw.
- The Parole Board properly dismissed Cummings's challenge because 37 Pa. Code § 73.1 requires a petition for administrative review to be received within 30 days of the mailing of the Board's decision, and that deadline is jurisdictional.
- The Parole Board was not required to treat Cummings's new state sentence as concurrent with the balance of his original sentence or parole backtime because Pennsylvania law requires the balance of the original sentence to be served before the new sentence begins.
- Cummings's substantive credit challenge lacked merit because the record showed that the Parole Board awarded credit for the 35 days ordered by the sentencing court.
Questions Presented
- Whether appointed counsel should be permitted to withdraw after filing a no-merit letter satisfying the requirements of Commonwealth v. Turner.
- Whether the Parole Board properly dismissed Cummings's challenge to the recommitment order as untimely under 37 Pa. Code § 73.1.
- Whether the Parole Board was required to treat Cummings's new sentence as concurrent with the remaining balance of his original sentence and whether it properly awarded his claimed credit.
Disposition
affirmed
Cases Cited (10)
- Commonwealth v. Turner, 544 A.2d 927, 928-29 (Pa. 1988)(followed)
- Hont v. Pa. Bd. of Prob. & Parole, 680 A.2d 47, 48 (Pa. Cmwlth. 1996)(followed)
- Commonwealth v. Wrecks, 931 A.2d 717, 722 (Pa. Super. 2007)(followed)
- Gibson v. Pa. Bd. of Prob. & Parole, 3 A.3d 754, 755 n.1 (Pa. Cmwlth. 2010)(followed)
- McCaskill v. Pa. Bd. of Prob. & Parole, 631 A.2d 1092, 1095 (Pa. Cmwlth. 1993)(followed)
- Martin v. Pa. Bd. of Prob. & Parole, 840 A.2d 299, 302 (Pa. 2003)(followed)
- Rivenbark v. Pennsylvania Board of Probation & Parole, 501 A.2d 1110 (Pa. 1985)(followed)
- Krantz v. Pa. Bd. of Prob. & Parole, 484 A.2d 1044, 1047 (Pa. Cmwlth. 1984)(followed)
- Kerak v. Pa. Bd. of Prob. & Parole, 153 A.3d 1134 (Pa. Cmwlth. 2016)(followed)
- Harris v. Pa. Bd. of Prob. & Parole, 393 A.2d 510 (Pa. Cmwlth. 1978)(followed)
Cited In (0)
No citing cases on record yet.
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