Can a Defendant Seek to Have His Latest Sentence Credited With All the Time He Spent Serving the Other Sentences ?
In Aviles v. Department of Corrections, 875 A.2d 1209 (Pa. Cmwlth. 2005), the defendant initially received a split sentence and subsequently violated his probation.
His re-sentence was also split.
Thereafter, he violated his probation again and, as a result, the sentencing judge imposed a three to six year sentence of incarceration "including credit for time served."
The defendant sought to have his latest sentence credited with all the time he spent serving the other sentences, but that request was denied.
In denying the defendant's mandamus action, the Court explained as follows:
Similar to the situation in McCray, Aviles lacks a clear right to the credit he seeks.
The trial court originally convicted Aviles on a drug charge punishable by up to 15 years in prison. See Section 13(f)(1) of the Controlled Substance, Drug, Device and Cosmetic Act.
The original sentence contained a total confinement component of up to 23 months.
Thereafter, the first violation of probation, or violation of probation (VOP) sentence contained a total confinement component of up to 23 months.
Then, the second VOP sentence contained a total confinement component of up to six years.
The combined total confinement components of all his sentences for this crime are less than 10 years, well within the statutory maximum.