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COM. v. MARTZ

No. 1685 MDA 2011

42 A.3d 1142 (2012)

2012 PA Super 87

COMMONWEALTH of Pennsylvania, Appellant v. Dereck MARTZ, Appellee.

Superior Court of Pennsylvania.

Filed April 17, 2012.

Attorney(s) appearing for the Case

Christopher J. Schmidt , Assistant District Attorney, Harrisburg, for Commonwealth, appellant.

John McDanel , Berwick, for appellee.

BEFORE: STEVENS, P.J., PANELLA, J., and MUNDY, J.

OPINION BY STEVENS, P.J.

The Commonwealth appeals the Order entered in the Court of Common Pleas of Columbia/Montour County, which gave Appellee Dereck Martz credit for January 21, 2010 to August 12, 2011, when he was at liberty due to a clerical error.1 For the reasons discussed infra, we conclude the trial court erred in awarding credit for the time Appellee was erroneously at liberty. Thus, we vacate the trial court's sentencing...

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