Bard v. Commonwealth

The majority opinion misstates the question presented in this case as “whether the Department of Corrections can correct an alleged error in the calculation of a presen-tencing custody credit after the calculation is incorporated into the court’s final judgment.” (Emphasis added.) I respectfully dissent because a precise calculation of the number of jail-time credit days was never incorporated into the trial court’s final judgment.

At Bard’s sentencing hearing, the trial judge asked Bard’s counsel whether they had reviewed the presentencing investigation report (PSI) and recommended any…