Commonwealth v. Wadelington

6 Pa. D. & C.5th 41
CourtPennsylvania Court of Common Pleas, Berks County
DecidedNovember 19, 2008
Docketno. CP-06-CR-5887-2004
StatusPublished

This text of 6 Pa. D. & C.5th 41 (Commonwealth v. Wadelington) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Wadelington, 6 Pa. D. & C.5th 41 (Pa. Super. Ct. 2008).

Opinion

BUCCI, J,

PROCEDURAL HISTORY

On February 8, 2005, this court sentenced Tracey Wadelington (appellant) to one year of probation on the charge of false identification to law enforcement.1 Appellant’s probation was ordered to commence at the [43]*43expiration of the sentence imposed at docket 6227/2007. On December 6, 2007, following a Gagnon II hearing, appellant’s probation was revoked for violation of the conditions of his supervision. Appellant was resentenced to serve 92 days to 12 months in Berks County Prison and credited with 92 days time served. Appellant was paroled from Berks County Prison on or about December 19,2007. On April 9, 2008, appellant appeared before a hearing master for a second Gagnon II hearing. The hearing master found appellant in violation of the conditions of his parole supervision and he recommended that the appellant be recommitted to the Berks County Prison to serve out the remainder of his sentence. Appellant, then, appealed the master’s recommendation to this court seeking credit for 141 days time served on the basis that he was a resident of the YMCA Bridge House from April 11,2007 to August 31,2007. Following a hearing before this court on May 28,2008, the court denied appellant’s request for the credit for time served while he was a resident of the YMCA Bridge House. On June 25,2008, appellant filed a notice of appeal to Superior Court. On July 14, 2008, this court ordered the defendant to file a concise statement of matters complained of on appeal pursuant to Pa.R. A.P. 1925(b). Appellant filed his concise statement on July 28, 2008.

MATTERS COMPLAINED OF ON APPEAL

Appellant’s concise statement reads as follows:

“The sentencing court erred in failing to award appellant credit toward his sentence for the time that he spent in a treatment facility (141 days) as required by the Adult Probation Office as part of the appellant’s ‘ordered probation.’”

[44]*44In essence appellant challenges the discretionary aspects of his sentence because the court failed to award him credit for time served while he was a resident of the YMCA Bridge House treatment facility.

DISCUSSION

Appellant, in essence, argues that the court abused its discretion when it failed to give him credit for time served toward his sentence of incarceration for the time that he was a resident at the YMCA Bridge House. Appellant argues that as a condition of his probation/parole, he was required by his probation officer to reside at the YMCA Bridge House. Notes of colloquy, Gagnon II hearing, 05/28/08, at 2 (N.C.). Appellant argues that his residency at the YMCA Bridge House was tantamount to incarceration. Appellant argues that his freedom was restricted because he was required to sign in and sign out at the Bridge House, and he was allowed to leave for no more than four hours at a time.

An appellant has no absolute right to appellate review of his sentence. 42 Pa.C.S. §9781; Commonwealth v. Mouzon, 571 Pa. 419, 812 A.2d 617 (2002). Rather, the appellant may have his sentence reviewed on appeal only if the Superior Court determines that, “there is a substantial question that this sentence ... is not appropriate under the Sentencing Code.” Commonwealth v. Bromley, 862 A.2d 598, 604 (Pa. Super. 2004); Mouzon, 571 Pa. at 425, 812 A.2d at 627. For a substantial question to exist, the appellant must state reasons that create doubt that this court sentenced the appellant without properly considering the sentencing guidelines or the norms underlying the sentencing process. See Commonwealth v. Koehler, 558 Pa. 334, 737 A.2d 225 (1999).

[45]*45In the instant case, appellant’s sole argument is that the court erred in refusing to give him credit for time served for the time that he was a resident in the YMCA Bridge House. However, the court believes that the appellant fails to present a substantial question for review and therefore, this appeal should be dismissed.

Nevertheless, assuming arguendo, a substantial question has been raised by appellant, the judgment of sentence should still be affirmed.

A sentence will not be overturned by an appellate court unless the record shows a manifest abuse of discretion, which is more than mere error in judgment. Commonwealth v. Redman, 864 A.2d 566, 569 (Pa. Super. 2004), citing Commonwealth v. Cunningham, 805 A.2d 566 (Pa. Super. 2002). A manifest abuse of discretion may be found only where the record establishes that the sentencing court ignored or misapplied the law, exercised its judgment for reasons of partiality, prejudice, bias, or ill will, or arrived at a manifestly unreasonable decision. Commonwealth v. Rodda, 723 A.2d 212, 214 (Pa. Super. 1999). The decision of the sentencing judge should be given great deference since he or she is in the best position to view the defendant and to evaluate the individual circumstances of the case. Commonwealth v. Walls, 592 Pa. 557, 569-70, 926 A.2d 957, 964-65 (2007).

Whether or not the defendant is entitled to credit for time served is governed by the Sentencing Code 42 Pa.C.S. §9760 which provides in relevant part as follows:

“[Ajfter reviewing the information submitted under section 9737 (relating to report of outstanding charges and sentences) the court shall give credit as follows:

[46]*46“(1) Credit against the maximum term and any minimum term shall be given to the defendant for all time spent in custody as a result of the criminal charge for which a prison sentence is imposed as a result of conduct on which such a charge is based. Credit shall include credit for the time spent in custody prior to trial, during trial, pending sentencing, and pending the resolution of the appeal.” 42 Pa.C.S. §9760.

“The principle underlying [the Sentencing Code] is that a defendant should be given credit for time spent in custody prior to sentencing for a particular offense. See Commonwealth v. Hollawell, 413 Pa. Super. 42, 46, 604 A.2d 723, 725 (1992).

The question here then is whether or not appellant was in custody while he was a resident at the YMCA Bridge House program. In Commonwealth v. Kyle, 582 Pa. 624, 874 A.2d 12 (2005) the Supreme Court recognized that the definition of “custody”, as used in section 9760, may include time spent in an institutional setting such as an inpatient alcohol treatment facility.

Here, it is unclear from the record whether the YMCA Bridge House was such an inpatient treatment facility.

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Related

Commonwealth v. Cunningham
805 A.2d 566 (Superior Court of Pennsylvania, 2002)
Commonwealth v. Hollawell
604 A.2d 723 (Superior Court of Pennsylvania, 1992)
Commonwealth v. Koehler
737 A.2d 225 (Supreme Court of Pennsylvania, 1999)
Commonwealth v. Redman
864 A.2d 566 (Superior Court of Pennsylvania, 2004)
Commonwealth v. Walls
926 A.2d 957 (Supreme Court of Pennsylvania, 2007)
Commonwealth v. Kyle
874 A.2d 12 (Supreme Court of Pennsylvania, 2005)
Commonwealth v. Eichinger
915 A.2d 1122 (Supreme Court of Pennsylvania, 2007)
Commonwealth v. Rodda
723 A.2d 212 (Superior Court of Pennsylvania, 1999)
Commonwealth v. Koskey
812 A.2d 509 (Supreme Court of Pennsylvania, 2002)
Commonwealth v. Mouzon
812 A.2d 617 (Supreme Court of Pennsylvania, 2002)
Commonwealth v. Conahan
589 A.2d 1107 (Supreme Court of Pennsylvania, 1991)
Commonwealth v. Fowler
930 A.2d 586 (Superior Court of Pennsylvania, 2007)
Commonwealth v. Bromley
862 A.2d 598 (Superior Court of Pennsylvania, 2004)

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Bluebook (online)
6 Pa. D. & C.5th 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-wadelington-pactcomplberks-2008.