Commonwealth v. Jenkins

POPOVICH, Judge:

This is an appeal from the order of the court below summarily denying Post-Conviction Hearing Act1 relief to the appellant, Marshall W. Jenkins, III. We affirm.

While on parole, the appellant was arrested for simple assault and harassment causing his re-commitment. A subsequent jury trial ended in a not-guilty verdict being returned on the charge of simple assault. However, the trial court, sitting as a magistrate, found the appellant guilty of harassment and imposed a ninety-day prison sentence.

The period of incarceration had already been served by the time it was levied.…