COM. v. BAILEY


258 Pa.Super. 364 (1978)

392 A.2d 836

COMMONWEALTH of Pennsylvania v. Craig BAILEY, Appellant.

Superior Court of Pennsylvania.

Decided October 20, 1978.


Attorney(s) appearing for the Case

John W. Packel, Assistant Public Defender, and Benjamin Lerner, Defender, Philadelphia, for appellant.

Michael R. Stiles, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, Philadelphia, for Com., appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


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...

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