Duncan v. Pennsylvania Department of Corrections

ORDER

Appellant Mario L. Duncan, a state prisoner, was arrested while on parole and entered a negotiated guilty plea. In accordance with the negotiated plea agreement, the trial court sentenced Appellant to 27 to 54 months’ imprisonment on his new offense, and ordered the sentence to run concurrently with his prior state sentence with 319 days’ credit for time served. However, Appellee Department of Corrections (DOC) computed Appellant’s new state sentence to run consecutively to the back time he was directed to serve as a consequence of his violation of parole on his original state sentence,…