Smarr v. Pennsylvania Board of Probation & Parole

NARICK, Senior Judge.

The issue presented is whether the Pennsylvania Board of Probation and Parole (Board) erred by denying Leonard L. Smarr (Petitioner) credit toward his original sentence for time he spent in custody on new criminal charges to which he could not post bail. We hold that although Petitioner was sentenced only to probation on his new charges, the Board properly denied him credit toward his original sentence. Thus, we affirm the decision of the Board.

The facts of this case are as follows. On September 11, 1992, Petitioner was sentenced on charges of theft and criminal trespass…