Cooper v. Commonwealth

COMBS, Judge:

This case involves an issue of first impression in this Commonwealth; i.e., whether a court-ordered pre-sentence “yard restriction” constitutes “custody” for which credit for time served must be granted. The Appellant contends that this restriction amounted to pre-conviction custody, for which he should have received credit against his jail sentence. In addition, he argues that the denial of credit violated the Double Jeopardy and Equal Protection clauses of the United States Constitution. After a thorough review of the prevailing case law and statutory authority, we disagree…