Lopez v. Pennsylvania Board of Probation and Parole, 022020 PACCA, 768 C.D. 2019

Docket Nº:768 C.D. 2019
Opinion Judge:RENÉE COHN JUBELIRER, Judge.
Party Name:Sergio Lopez, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent
Judge Panel:BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE ELLEN CEISLER, Judge.
Case Date:February 20, 2020
Court:Commonwealth Court of Pennsylvania
 
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Sergio Lopez, Petitioner

v.

Pennsylvania Board of Probation and Parole, Respondent

No. 768 C.D. 2019

Commonwealth Court of Pennsylvania

February 20, 2020

OPINION NOT REPORTED

Submitted: December 27, 2019

BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE ELLEN CEISLER, Judge.

MEMORANDUM OPINION

RENÉE COHN JUBELIRER, Judge.

Sergio Lopez petitions for review of the Order of the Pennsylvania Board of Probation and Parole (Board) mailed on May 31, 2019, that affirmed the Board's Decision mailed December 11, 2017, recommitting Lopez as a convicted parole violator and recalculating Lopez's parole violation maximum date as September 8, 2022. On appeal, Lopez argues the Board erred by not giving him credit against his original sentence for a period of detention during which he was confined solely on the Board's warrant.

On October 27, 2014, the Board released Lopez on parole, at which time his maximum sentence date was May 8, 2020. Lopez had 2020 days remaining on his sentence when he was paroled. On July 16, 2015, the Philadelphia Police Department arrested Lopez on multiple charges, including drug and firearms charges. The Board issued a warrant to commit and detain Lopez on that same day. Lopez's bail on the new charges was set at 10% of $500, 000 on July 17, 2015, but Lopez did not post bail. The Board issued a Notice of Charges and Hearing for a detention hearing based on the new charges, and Lopez waived his rights to counsel and a detention hearing on July 21, 2015. By decision recorded on September 14, 2015, the Board detained Lopez pending the disposition of his new criminal charges. The new charges were withdrawn on December 10, 2015. The Board cancelled its warrant to commit and detain on December 11, 2015. (Certified Record (C.R.) at 47.) Lopez's supervision history reflects a note entered on October 24, 2016, indicating that the release order was sent, "[Lopez] was released from Philadelphia County Prison," reported to his parole agent on December 15, 2015, "and supervision was resumed." (Id. at 58, 85.1)

The Philadelphia Police Department arrested Lopez on various dates in September and October 2016 on new criminal charges, which resulted in the Board issuing a warrant to commit and detain on October 14, 2016. Following a detention hearing, the Board detained Lopez pending the disposition of the new criminal charges. Lopez eventually pled guilty to those charges on July 24, 2017, and was sentenced to time served and probation. The Board issued a Notice of Charges and Hearing for a revocation hearing...

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