COMMONWEALTH OF PENNSYLVANIA vs. STEVEN MANN
No. 170 MDA 2007 2008 PA Super 215 Atlantic: n/a Filed: 9/17/2008
Appeal from the Order entered December 22, 2006,In the Court of Common Pleas of Lancaster CountyCriminal No. CP-36-CR-0005755-2005
Before: FORD ELLIOTT, P.J., ALLEN and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Steven Mann, appeals from the judgment of sentence imposed following his conviction of DUI, possession of drug paraphernalia, and terroristic threats. The question to be resolved is whether the trial court erred in granting defense counsel’s request that no credit for time served be included in the sentencing order so that the time could later be applied by the Board of Probation & Parole as back time to Appellant’s original sentence. We hold that because the Board is without jurisdiction to apply credit when it is omitted from a sentencing order, the sentencing court must include credit for time served in the order imposing sentence for an appellant’s new offenses. We vacate and remand.
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