Commonwealth v. Harvey

The defendant appeals from the denial of his motion to correct a mittimus. He poses the following question: where a defendant is sentenced to two consecutive sentences arising from separate criminal episodes, and where he was unable to make bail on each case, is he entitled to be credited on both sentences with the overlapping time spent in pretrial detention? We conclude that in the circumstances here he was properly denied such credit, as well as “dead time” credit arising from pretrial detention on an unrelated charge.

*2981. Relevant procedural history. Oñ June 30, 1999, the defendant was…