Commonwealth v. Bailey

PRICE, Judge:

This appeal is from the order of the lower court refusing to modify appellant’s sentence to provide credit for time served prior to the conviction. The Commonwealth concedes that appellant is entitled to the credit.

The following facts are relevant to this appeal. In July 1968 appellant was arrested and charged with robbery. Apparently, he was released on bail pending trial. He was rearrested on February 20, 1970, and has been in custody since that date. On July 16, 1970, appellant was charged with three counts of prison riot, stemming from an incident which occurred on July 4,…