The Pennsylvania Commonwealth Court ruled that the petitioner was not entitled to “double counting” of the time he spent in pre-trial custody on both a parole violation detainer and an open charge. The Court held that the time was credited correctly toward the sentence on the new charge, not the parole time. Furthermore, the Court ruled that the Parole Board was not permitted to credit “street” time under 61 Pa.C.S. ยง 6138 because the petitioner’s new charge was a crime of violence (third-degree murder).
