COM. v. KYLE


874 A.2d 12 (2005)

COMMONWEALTH of Pennsylvania, Appellant, v. Lynn E. KYLE, Appellee.

Supreme Court of Pennsylvania.

Decided May 16, 2005.


Attorney(s) appearing for the Case

Michael Anthony Dinges, Philadelphia, Robert W. Terrell, III, Kenneth A. Osokow, for Commonwealth of Pennsylvania.

Gregory Scott Gardner, Williamsport, for Lynn E. Kyle.

Before CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN, BAER, JJ.


OPINION

Justice CASTILLE.

This Court granted discretionary review to consider whether an individual is in custody for purposes of awarding credit toward a prison sentence for time spent subject to home confinement with electronic monitoring while released on bail pending appeal. The Post Conviction Relief Act ("PCRA") court determined that appellee was not entitled to credit. The Superior Court vacated that determination and remanded for an evidentiary...

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