Commonwealth v. Stafford

OPINION BY

BOWES, J.:

The Commonwealth appeals from the trial court’s May 24, 2010 order granting Michael Stafford’s habeas corpus motion filed after he was arrested for violating conditions of his parole. We reverse and remand for proceedings consistent with this opinion.

Appellee initially entered a guilty plea to simple assault and was sentenced to two years probation. He violated the terms of his probation and the trial court properly resentenced him on April 30, 2008 to three to twenty-three months incarceration. The court credited Appellee with thirty-three days time served and permitted…