Credit for Time Served When Credit Has Been Already Credited Against Another Sentence
In Taglienti v. Department of Corrections, 806 A.2d 988 (Pa. Cmwlth. 2002), the Court addressed a prisoner's petition in the nature of mandamus seeking credit on parole violation sentences for time served in Pennsylvania that had already been credited towards an unrelated charge for which he was incarcerated in Virginia.
Notwithstanding an apparent trial court order that the prisoner be credited towards his Pennsylvania sentence with credit for time served that had already been credited towards the Virginia sentence, we noted, in relevant part:
Credit for time served prior to the sentencing date is governed by Section 9760 which does not provide for credit for time served on unrelated offenses or when credit has been already credited against another sentence. Taglienti, 806 A.2d at 993.
Accord Commonwealth v. Smith, 2004 PA Super 77, 853 A.2d 1020 (Pa. Super. 2004) (pretrial incarceration, attributable to both a probation detainer and to new criminal charges, must be attributed to either new sentence under criminal charge, or to probation violation sentence, but not to both).