Commonwealth v. Mann

OPINION BY

KELLY, J.:

¶ 1 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…