Jones v. Pennsylvania Board of Probation & Parole

DISSENTING OPINION BY

JUDGE FRIEDMAN.

I respectfully dissent. Jerry Jones (Jones) is a parolee who spent thirteen months in custody without posting bail awaiting disposition of new criminal charges and received a sentence of only twelve months. The majority holds that Jones is not entitled to credit on his original sentence for the extra one month of prison time that cannot be applied to his new sentence. I realize that, pursuant to Berry v. Pennsylvania Board of Probation and Parole, 756 A.2d 185 (Pa.Cmwlth.2000), a parolee whose confinement awaiting disposition of new criminal charges exceeds…