Commonwealth v. Hollawell, 604 A.2d 723 (Pa. Super. Ct. 1992). · Go Syfert
Commonwealth v. Hollawell, 604 A.2d 723 (Pa. Super. Ct. 1992). Cases Citing This Book View Copy Cite
157 citation events (130 in the last 25 years) across 3 distinct courts.
Strongest positive: C. Lee, aka S. Ackridge v. PBPP (pacommwct, 2021-02-03)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) C. Lee, aka S. Ackridge v. PBPP
Pa. Commw. Ct. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is wellsettled that if an alleged sentencing error is thought to be the result of an erroneous computation of sentence by doc, the appropriate recourse would be an original action in the commonwealth court challenging doc's computation.
discussed Cited as authority (verbatim quote) Com. v. Oster, J., Jr.
Pa. Super. Ct. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the principle underlying 9760 is that a defendant should be given credit for time spent in custody prior to sentencing for a particular offense.
examined Cited as authority (verbatim quote) Com. v. Stanley, C.
Pa. Super. Ct. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is well-settled that if an alleged sentencing error is thought to be the result of an erroneous computation of sentence by the bureau of corrections, the appropriate recourse would be an original action in the commonwealth court challenging the bureau's computation.
discussed Cited as authority (quoted) Com. v. Holloway, K.
Pa. Super. Ct. · 2021 · quote attribution · 1 verbatim quote · confidence low
the trial court unquestionably possess the inherent power to correct an unlawful sentence at any time
examined Cited as authority (quoted) Com. v. Hill, D.
Pa. Super. Ct. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
appellant's challenge to the trial court's failure to award credit for time served prior to sentencing involves the legality of sentence. a claim challenging the legality of a sentence is appealable as of right.
discussed Cited as authority (rule) Com. v. Hawk, J.
Pa. Super. Ct. · 2026 · confidence medium
“The principle underlying [Section 9760] is that a defendant should be given credit for time spent in custody prior to sentencing for a particular offense.” Commonwealth v. Hollawell, 604 A.2d 723, 725 (Pa. Super. 1992) (citation omitted, emphasis added).
discussed Cited as authority (rule) D. Williams v. Com. of PA DOC
Pa. Commw. Ct. · 2024 · confidence medium
Commonwealth v. Hollawell, 604 A.2d 723, 726 (Pa. Super. 1992).7 Like the Superior Court, in considering claims of credit for time served, “[t]his [C]ourt does not deal in ‘volume discounts.’” Id. 6 To the extent that the Petition’s averment of improper credit conflicts with its exhibits, we note that, in considering preliminary objections, “‘[i]t is not necessary to accept as true any averments in the [Petition] that conflict with exhibits attached to it.’” Allen v. Dep’t of Corr., 103 A.3d 365, 369 (Pa. Cmwlth. 2014); see also Vasilinda v. Dep’t of Corr.
discussed Cited as authority (rule) Com. v. Bullard, J.
Pa. Super. Ct. · 2023 · confidence medium
“The principle underlying [section 9760] is that a defendant should be given credit for time spent in custody prior to sentencing for a particular offense.” Commonwealth v. Hollawell, 604 A.2d 723, 725 (Pa. Super. 1992).
discussed Cited as authority (rule) Com. v. Fulton, I.
Pa. Super. Ct. · 2022 · confidence medium
“The principle underlying [Section 9760] is that a defendant should be given credit for time spent in custody prior to sentencing for a particular offense.” Commonwealth v. Hollawell, 604 A.2d 723, 725 (Pa. Super. 1992) (citation omitted and emphasis added).
discussed Cited as authority (rule) Com. v. Bivins, T.
Pa. Super. Ct. · 2022 · confidence medium
However, the case law has firmly established that courts should prevent petitioners from receiving a “windfall on sentencing for a completely unrelated crime.” Commonwealth v. Hollawell, 604 A.2d 723, 726 (Pa. Super. 1992).
examined Cited as authority (rule) Com. v. Taylor, B. (3×) also: Cited "see"
Pa. Super. Ct. · 2021 · confidence medium
However, the case law has firmly established that courts should prevent petitioners from receiving a “windfall on sentencing for a completely unrelated crime.” Commonwealth v. Hollawell, 604 A.2d 723, 726 (Pa. Super. 1992).
cited Cited as authority (rule) Com. v. Harris, R.
Pa. Super. Ct. · 2021 · confidence medium
Commonwealth v. Hollawell, 604 A.2d 723, 725 (Pa. Super. 1992).
cited Cited as authority (rule) T.A. Wilkins v. M.R. Clark
Pa. Commw. Ct. · 2020 · confidence medium
Commonwealth v. Hollawell, 604 A.2d 723, 726 (Pa. Super. 1992).
cited Cited as authority (rule) Com. v. Shatzer, B.
Pa. Super. Ct. · 2020 · confidence medium
Commonwealth v. Hollawell, 604 A.2d 723, 726 (Pa. Super. 1992).
discussed Cited as authority (rule) Com. v. Rhodes, D.
Pa. Super. Ct. · 2020 · confidence medium
See McCray v. Pennsylvania Department of Corrections, 872 A.2d 1127, 1131 (Pa. 2005); Commonwealth v. Wyatt, 115 A.3d 876, 877, 879-80 (Pa. Super. 2015); Commonwealth v. Heredia, 97 A.3d 392, 393, 395 (Pa. Super. 2014); Commonwealth v. Hollawell, 604 A.2d 723, 725 (Pa. Super. 1992); Commonwealth v. Perry, 563 A.2d 511, 512-13 (Pa. Super. 1989).
cited Cited as authority (rule) Com. v. Camero, P.
Pa. Super. Ct. · 2019 · confidence medium
Commonwealth v. Hollawell, 604 A.2d 723, 726 (Pa. Super. 1992).
discussed Cited as authority (rule) Com. v. Williams, R., Jr.
Pa. Super. Ct. · 2019 · confidence medium
"The principle underlying this statute is that a defendant should be given credit for time spent in custody prior to sentencing for a particular offense." Commonwealth v Ho/lawell, 413 Pa.Super. 42 , 604 A.2d 723, 725 (1992) (emphasis added).
discussed Cited as authority (rule) Com. v. Robinson, V.
Pa. Super. Ct. · 2019 · confidence medium
We have acknowledged that such “double credit” is prohibited both by the statutory language of [42 Pa.C.S.A. §] 9760[,][5] and by the principle that a defendant be given credit only for “time spent in custody … for a particular offense.” Commonwealth v. Hollawell, 413 Pa. Super. 42 , 604 A.2d 723, 725 (Pa. Super. 1992).
discussed Cited as authority (rule) Com. v. Jackson, M.
Pa. Super. Ct. · 2019 · confidence medium
"It is well-settled that if an alleged sentencing error is thought to be the result of an erroneous computation of sentence by the Bureau of Corrections, the appropriate recourse would be an original action in the Commonwealth Court challenging the Bureau's computation." Commonwealth v. Hollawell, 604 A.2d 723, 725 (1992).
discussed Cited as authority (rule) S. Moore v. PBPP
Pa. Commw. Ct. · 2018 · confidence medium
Cmwlth. v. Hollawell, 604 A.2d 723, 725 (Pa. Super. 1992). “[A] challenge to the legality of a sentence is properly raised before the sentencing court or on direct appeal to the Superior Court.” Aviles v. Pa. Dep’t of Corr., 875 A.2d 1209, 1214 (Pa. Cmwlth. 2005).
discussed Cited as authority (rule) Commonwealth v. Vidal (2×)
Pa. Super. Ct. · 2018 · confidence medium
Id. at 724-25.
discussed Cited as authority (rule) Com. v. Maxwell, K.
Pa. Super. Ct. · 2018 · confidence medium
Commonwealth v. Heredia, 97 A.3d 392, 395 (Pa. Super. 2014); Commonwealth v. Hollawell, 604 A.2d 723, 725 (Pa. Super. 1992). - 10 - J-S31009-18 In conclusion, because Appellant’s PCRA petition was untimely and no exceptions apply, the PCRA court correctly determined that it lacked jurisdiction to address the issues presented and grant relief.
discussed Cited as authority (rule) Com. v. Pierre, A.
Pa. Super. Ct. · 2018 · confidence medium
Prothonotary Date: 2/14/18 ____________________________________________ 2 See McCray v. Pennsylvania Dept. of Corrections, 582 Pa. 440, 450 , 872 A.2d 1127, 1133 (2005) (stating DOC is charged with implementing sentences); Commonwealth v. Hollawell, 604 A.2d 723, 725 (Pa.Super. 1992) (stating: “[I]f an alleged sentencing error is thought to be the result of an erroneous computation of sentence by the Bureau of Corrections, the appropriate recourse would be an original action in the Commonwealth Court challenging the Bureau’s computation”). 3 See Commonwealth v. Jackson, 858 A.2d 627 (Pa.…
discussed Cited as authority (rule) Com. v. Magretto, A.
Pa. Super. Ct. · 2018 · confidence medium
“The principle underlying [Section 9760] is that a defendant should be given credit for time spent in custody prior to sentencing for a particular offense.” Commonwealth v. Fowler, 930 A.2d 586, 595 (Pa.Super. 2007), appeal denied, 596 Pa. 715 , 944 A.2d 756 (2008), quoting Commonwealth v. Hollawell, 413 Pa.Super. 42 , 604 A.2d 723, 725 (1992) (citation omitted) (emphasis deleted).
discussed Cited as authority (rule) Com v. Puppo, J.
Pa. Super. Ct. · 2017 · confidence medium
“The principle underlying this statute is that a defendant should be given credit for time spent in custody prior to sentencing for a particular offense.” Commonwealth v. Hollawell, 604 A.2d 723, 725 (Pa. Super. 1992). -5- J-S23015-17 Where an offender is incarcerated on both a probation detainer and new criminal charges, all time spent in confinement must be credited to either the new sentence or the original sentence.
cited Cited as authority (rule) Com. v. Cianci, A.
Pa. Super. Ct. · 2017 · confidence medium
Commonwealth v. Hollawell, 604 A.2d 723, 726 (Pa.Super. 1992).
discussed Cited as authority (rule) Com. v. Guilford, T.
Pa. Super. Ct. · 2017 · confidence medium
Nonetheless, his claim for credit for time served cannot be waived because it "goes to the legality of [Appellant's] sentence." See Commonwealth's Brief at 19, citing Commonwealth v. Hollawell, 604 A.2d 723, 725 (Pa. Super. 1992) (failure to award credit for time -served implicates the legality of a sentence).
discussed Cited as authority (rule) Com. v. Dixon, W., II (2×)
Pa. Super. Ct. · 2017 · confidence medium
“A claim challenging the legality of sentence is, appealable' as of right.” Commonwealth v. Hollawell, 413 Pa.Super. 42 , 604 A.2d 723, 725 (1992); Commonwealth v. Clark, 885 A.2d 1030, 1032 (Pa.Super. 2005).
discussed Cited as authority (rule) Com. v. Lauver, B.
Pa. Super. Ct. · 2017 · confidence medium
“This Court does not deal in ‘volume discounts.’” Commonwealth v. Hollawell, 604 A.2d 723, 726 (Pa. Super. 1992) Accordingly, I respectfully concur in part and dissent in part. ____________________________________________ 2 “Said credit was not referenced to [sic] at the re-sentencing as it was presented to counsel after the fact.” (Appellant’s Brief, at 7). -3-
discussed Cited as authority (rule) Com. v. Kutchera, J. (2×)
Pa. Super. Ct. · 2017 · confidence medium
“A claim challenging the legality of sentence is appealable as of right.” Commonwealth v. Hollawell, 604 A.2d 723, 725 (Pa. Super. 1992); Commonwealth v. Clark, 885 A.2d 1030, 1032 (Pa. Super. 2005).
discussed Cited as authority (rule) Com. v. Jackson, J. (2×)
Pa. Super. Ct. · 2017 · confidence medium
“The principle underlying this statute is that a defendant should be given credit for time spent in custody prior to sentencing for a particular offense.” Commonwealth v. Hollawell, 604 A.2d 723, 726 (Pa. Super. 1992).
discussed Cited as authority (rule) Commonwealth v. Shull
Pa. Super. Ct. · 2016 · confidence medium
“The principle underlying [Section 9760] is that a defendant should be given credit for time spent in custody prior to sentencing for a particular offense.” Commonwealth v. Fowler, 930 A.2d 586, 595 (Pa.Super.2007), appeal denied, 596 Pa. 715 , 944 A.2d 756 (2008), quoting Commonwealth v. Hollawell, 413 Pa.Super. 42 , 604 A.2d 723, 725 (1992) (citation omitted) (emphasis deleted).
cited Cited as authority (rule) Commonwealth v. Brown
Pa. Super. Ct. · 2016 · confidence medium
This court does not deal in 'volume discounts.' " Id. at 726.
discussed Cited as authority (rule) Lancaster County CCP v. Mr. A.T. Davis
Pa. Commw. Ct. · 2015 · confidence medium
However, "if an alleged sentencing error is thought to be the result of an erroneous computation of sentence by the [Department], the appropriate recourse would be an original action in the Commonwealth Court challenging the [Department]'s computation." Commonwealth v. Hollawell, 604 A.2d 723, 725 (Pa. Super. 1992) (emphasis omitted).
discussed Cited as authority (rule) Com. v. Maksimov, A.
Pa. Super. Ct. · 2015 · confidence medium
The Commonwealth agrees, stating, “Appellant’s claim of entitlement to credit for time spent in custody prior to sentencing, and the [trial] court’s failure to award same, is a claim challenging the legality of sentence.” Commonwealth Brief at 11 (citing Commonwealth v. Beck, 848 A.2d 987 (Pa. Super. 2004)).4 See also Commonwealth v. Hollawell, 604 A.2d 723, 725 (Pa. Super. 1992) (an appellant’s challenge to the trial court’s failure to award credit for time served prior to sentencing involves legality of sentence).
discussed Cited as authority (rule) Com. v. Davis, A. (2×) also: Cited "see"
Pa. Super. Ct. · 2015 · confidence medium
Powell v. Rosenberry, 645 A.2d 1328, 1330 (Pa.Super. 1994). “[I]f an alleged sentencing error is thought to be the result of an erroneous computation of sentence by the Bureau of Corrections, the appropriate recourse would be an original action in the Commonwealth Court challenging the Bureau’s computation.” Commonwealth v. Hollawell, 604 A.2d 723, 725 (Pa.Super. 1992) (emphasis in original).
discussed Cited as authority (rule) Com. v. McLendon, D.
Pa. Super. Ct. · 2015 · confidence medium
T.C.O. at 3 (citing Commonwealth v. Hollawell, 604 A.2d 723, 725 (Pa. Super. 1992)).1 The trial court’s discussion is apt, and warrants reproduction in full: Under Section 9760 of the Sentencing Code, the court must give credit for time served as follows: (1) Credit against the maximum term and any minimum term shall be given to the defendant for all time spent in custody as a result of the criminal charge for which a prison sentence is imposed or as a result of the conduct on which such a charge is based.
discussed Cited as authority (rule) Com. v. Culver, A. (2×)
Pa. Super. Ct. · 2015 · confidence medium
Commonwealth v. Hollowell, 413 Pa. Super. 42, 47-48 , 604 A.2d 723, 726 (Pa.Super. 1992) (holding that a defendant is not entitled to duplicative credit on two sentences because it would be a windfall).
cited Cited as authority (rule) Com. v. Johonoson, F.
Pa. Super. Ct. · 2014 · confidence medium
Commonwealth v. Hollawell, 604 A.2d 723, 725 (Pa. Super. 1992).
discussed Cited as authority (rule) Commonwealth v. Ellsworth
Pa. Super. Ct. · 2014 · confidence medium
We have acknowledged that such “double credit” is prohibited both by the statutory language of Section 9760 and by the principle that a defendant be given credit only for “time spent in custody ... for a particular offense.” Commonwealth v. Hollawell, 604 A.2d at 723, 725 (Pa.Super.1992).
cited Cited as authority (rule) Commonwealth v. Pardo
Pa. Super. Ct. · 2011 · confidence medium
See also Commonwealth v. Merigris, 452 Pa.Super. 78 , 681 A.2d 194, 195 (1996); Commonwealth v. Hollawell, 413 Pa.Super. 42 , 604 A.2d 723, 726 (1992).
discussed Cited as authority (rule) Commonwealth v. Tolano
Pa. Super. Ct. · 2010 · confidence medium
“The principle underlying [Section 9760] is that a defendant should be given credit for time spent in custody prior to sentencing for a particular offense.” Commonwealth v. Fowler, 930 A.2d 586, 595 (Pa.Super.2007), appeal denied, 596 Pa. 715 , 944 A.2d 756 (2008), quoting Commonwealth v. Hollawell, 413 Pa.Super. 42 , 604 A.2d 723, 725 (1992) (citation omitted) (emphasis deleted).
discussed Cited as authority (rule) Com. v. Toland
Pa. Super. Ct. · 2010 · confidence medium
"The principle underlying [Section 9760] is that a defendant should be given credit for time spent in custody prior to sentencing for a particular offense." Commonwealth v. Fowler, 930 A.2d 586, 595 (Pa.Super.2007), appeal denied, 596 Pa. 715 , 944 A.2d 756 (2008), quoting Commonwealth v. Hollawell, 413 Pa.Super. 42 , 604 A.2d 723, 725 (1992) (citation omitted) (emphasis deleted).
discussed Cited as authority (rule) Commonwealth v. Fowler
Pa. Super. Ct. · 2007 · confidence medium
“The principle underlying [Section 9760] is that a defendant should be given credit for time spent in custody prior to sentencing for a particular offense.” Commonwealth v. Hollawell, 413 Pa.Super. 42 , 604 A.2d 723, 725 (1992) (citation omitted) (emphasis added).
cited Cited as authority (rule) Commonwealth v. Frye
Pa. Super. Ct. · 2004 · confidence medium
Commonwealth v. Hollawell, 413 Pa.Super. 42 , 604 A.2d 723, 725 (1992).
cited Cited as authority (rule) Commonwealth v. Beck
Pa. Super. Ct. · 2004 · confidence medium
Commonwealth v. Hollawell, 413 Pa.Super. 42 , 604 A.2d 723, 725 (1992).
cited Cited as authority (rule) Bright v. Pennsylvania Board of Probation & Parole
Pa. Commw. Ct. · 2003 · confidence medium
Id. at 194 (quoting Commonwealth v. Hollawell, 413 Pa.Super. 42 , 604 A.2d 723, 726 (1992)).
discussed Cited as authority (rule) Hayes v. Pennsylvania Board of Probation & Parole
Pa. Commw. Ct. · 1995 · confidence medium
Analogously, in Commonwealth v. Hollawell, 413 Pa.Superior Ct. 42, 45, 604 A.2d 723, 726 (1994), the Pennsylvania Superior Court found that where the appellant was sentenced for convictions resulting from one criminal case and received credit for time previously served on said sentence, he could not then expect to “receive a windfall on sentencing for a completely unrelated crime.” Finally, the Board acknowledges that under Doria , if the Commonwealth has entered a plea agreement with the offender acknowledging such entitlement, an offender may benefit from the application of pre-sentence …
cited Cited as authority (rule) Commonwealth v. Miller
Pa. Super. Ct. · 1995 · confidence medium
A claim challenging the legality of sentence is appealable as of right.” Id. at 45 , 604 A.2d at 725 (citation omitted).
cited Cited as authority (rule) Commonwealth v. Shartle
Pa. Super. Ct. · 1995 · confidence medium
See: Commonwealth v. Little, 417 Pa.Super. 505 , 506 n. 1, 612 A.2d 1053 , 1053 n. 1 (1992); Commonwealth v. Hollawell, 413 Pa.Super. 42, 45 , 604 A.2d 723, 725 (1992).
Retrieving the full opinion text from the archive…
COMMONWEALTH of Pennsylvania
v.
John W. HOLLAWELL, Appellant
1637.
Superior Court of Pennsylvania.
Mar 6, 1992.
604 A.2d 723
1992 Pa. Super. LEXIS 476
John J. Fioravanti, Jr., Deputy Public Defender, Doylestown, for appellant., Donna G. Zucker, Asst. Dist. Atty., Philadelphia, for Com., appellee.
Cercone, Montemuro, Hudock, Cercome.
Cited by 74 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 83%
Citer courts: Superior Court of Pennsylvania (2)
CERCONE, Judge:

This is an appeal from the final order of the Court of Common Pleas of Philadelphia County denying appellant John W. Hollawell credit for time served prior to the imposition of sentence. We affirm.

On August 5, 1987, the Commonwealth filed criminal charges against appellant for bribery, perjury, criminal conspiracy, and criminal solicitation (Criminal Informations numbered 2272-2278). On that same day, the Commonwealth filed criminal charges against appellant on an unrelated series of crimes (Criminal Informations numbered 228-241). At the time these charges were filed, appellant was incarcerated at a federal prison. The Commonwealth[*44] lodged a detainer with the federal authorities and on September 21,1987, appellant was transferred to a Philadelphia prison. Appellant posted bond on all state charges on October 25, 1988, and was released from custody.

After a jury trial on Criminal Informations numbered 228-241, appellant was convicted of corrupt organizations, one count of bribery, and criminal conspiracy. On August 10, 1989, the Honorable Carolyn Temin imposed an aggregate sentence of five to twenty years incarceration. Pursuant to 42 Pa.C.S.A. § 9760, and Pa.R.Crim.P., Rule 1406(b), 42 Pa.C.S.A., Judge Temin granted appellant credit for all time spent in custody as a result of those charges.

On October 23, 1989, appellant pled guilty to the crimes charged in the instant case (Criminal Informations numbered 2272-2278). Appellant subsequently filed a motion to withdraw his guilty plea which the lower court denied. [1] On April 2, 1990, the Honorable Albert Sheppard sentenced appellant to an aggregate term of incarceration of eighteen to thirty-six months, to be served consecutively with the sentence previously imposed by Judge Temin. Judge Sheppard orally indicated that appellant was entitled to credit for time spent in custody prior to trial “so long as it is clear that any incarceration was pertinent specifically to this case.” N.T. 3/2/90, at 42. Appellant filed a timely motion to modify the sentence which the lower court subsequently denied. On January 24, 1991, appellant filed a “Motion to Clarify Time Credit to be Given to Defendant.” Following a hearing on April 19, 1991, Judge Sheppard denied appellant credit for the time he spent in custody prior to sentencing. This timely appeal followed. The Commonwealth filed a motion to quash the appeal which this court denied.

Appellant raises only one issue for our review: whether the trial court erred by failing to allow credit towards[*45] appellant’s sentence for his time spent in custody prior to trial. The Commonwealth counters, arguing that (1) this court is without jurisdiction to entertain appellant’s appeal; and (2) appellant should not be given credit for time served prior to the imposition of this sentence. We will address the jurisdictional issue first.

The Commonwealth argues that the trial court lacked jurisdiction to dispose of appellant’s motion. The Commonwealth contends that the calculation of time credit is an administrative matter within the exclusive domain of prison authorities. [2] It is well-settled that if an alleged sentencing error is thought to be the result of an erroneous computation of sentence by the Bureau of Corrections, the appropriate recourse would be an original action in the Commonwealth Court challenging the Bureau’s computation. Commonwealth v. Perry, 386 Pa.Super. 534, 537-38, 563 A.2d 511, 512-13 (1989). However, where an appellant challenges the trial court’s failure to award credit for time served prior to sentencing, the claim involves the legality of sentence. Commonwealth v. Diamond, 376 Pa.Super. 485, 491 n. 3, 546 A.2d 628, 631 n. 3 (1988). A claim challenging the legality of sentence is appealable as of right. Id.

The trial court unquestionably possesses the inherent power to correct an unlawful sentence at any time. Commonwealth v. Horsman, 239 Pa.Super. 534, 537, 361 A.2d 433, 434 (1976). Further, the Pennsylvania Rules of Appellate Procedure permit a trial court to “[t]ake such action as may be necessary to preserve the status quo, correct formal errors in papers relating to the matter ... and take other action permitted or required by these rules or otherwise ancillary to the appeal or petition for review proceeding.” Pa.R.A.P., Rule 1701(b)(1), 42 Pa.C.S.A. In the instant case, appellant asked Judge Sheppard to clarify whether his time in custody would be credited towards his sentence, and if the answer were “no,” appellant challenged[*46] the legality of his sentence. Under Horsman and Rule 1701(b), the trial court had jurisdiction over the matter. Because the lower court’s decision was appealable as of right, we conclude that the appeal is properly before this court. Commonwealth v. Diamond, supra, 376 Pa.Super. at 491 n. 3, 546 A.2d at 631 n. 3.

Appellant argues that his time spent in custody prior to sentencing should be credited towards the sentence imposed by Judge Temin, as well as the sentence imposed by Judge Sheppard. Appellant contends that his incarceration was the direct result of the charges filed in both cases, and therefore, his time incarcerated prior to sentencing should be credited towards both sentences. We disagree. Pursuant to 42 Pa.C.S.A. § 9760, a court must give credit for time served as follows:

(1) Credit against the maximum term and any minimum term shall be given to the defendant for all time spent in custody as a result of the criminal charge for which a prison sentence is imposed as a result of the conduct on which such a charge is based. Credit shall include credit for time spent in custody prior to trial, during trial, pending sentence, and pending the resolution of an appeal.

42 Pa.C.S.A. § 9760(1). The principle underlying this statute is that a defendant should be given credit for time spent in custody prior to sentencing for a particular offense. Commonwealth v. Shaw, 379 Pa.Super. 491, 499, 550 A.2d 555, 559 (1988), allocatur denied 524 Pa. 607, 569 A.2d 1366 (1989).

Our exhaustive research finds no Pennsylvania case directly on point with the facts of the instant case. However, we are guided by the principle enunciated in Commonwealth v. Frank, 263 Pa.Super. 452, 398 A.2d 663 (1979). The defendant in Frank was convicted of a series of crimes arising out of a single criminal episode. The defendant was tried and convicted in both Lancaster and Chester counties for the crimes that occurred in each respectively. Defendant's sentence in Chester County was made consecutive to[*47] his Lancaster County sentence. This court vacated the judgment of sentence on other grounds, but stated: Should appellant’s sentence be reinstated, credit must be

given for the time he has spent in custody____ Under these circumstances, credit against his Lancaster sentence must be given from the date of his initial incarceration under the terms of 18 Pa.C.S.A. § 1360(4) (Supp. 1978-79). See also Pa.R.Crim.P. 1406. It should be observed that this calculation will not allow appellant double credit for the time he served prior to his sentencing in Lancaster County. Once credit is given against his Lancaster County sentence under 18 Pa.C.S.A. § 1360(4), the time appellant has served in custody is no longer “a result of’ the charges that arose in Chester County within the meaning of subsection (1) of that provision, and thus cannot be credited against the sentence he received there.

Id., 263 Pa.Superior Ct. at 476 n. 10, 398 A.2d at 675 n. 10. [3]

Although the facts in Frank are not directly on point with the instant case, the rationale used by this court in Frank is pertinent to our discussion. The defendant in Frank was tried separately for separate crimes arising out of a single criminal episode. In the present case, appellant was also tried separately, although for two separate criminal incidents. Both the defendant in Frank and appellant were sentenced separately for each offense. Here, Judge Temin sentenced appellant on the convictions resulting from Criminal Information Numbers 228-241 and awarded appellant credit towards that sentence for time previously served. Judge Sheppard sentenced appellant on the convictions resulting from Criminal Informations numbered 2272-2278 and authorized credit for time served prior to the[*48] sentence “so long as it is clear that any incarceration was pertinent specifically to this case.” N.T. 4/2/90 at 42.

The absurdity of appellant’s case is clear. Following his reasoning, appellant would receive a windfall on sentencing for a completely unrelated crime. This court does not deal in “volume discounts.” Applying this court’s rationale in Frank to the present case, we hold that once Judge Temin credited appellant for time previously served, appellant’s time in custody was no longer “a result of” the charges brought before Judge Sheppard. Id., 263 Pa.Superior Ct. at 470, 398 A.2d at 675. Therefore, Judge Sheppard properly denied appellant’s request for credit for time previously served.

The order of the lower court is affirmed.

1

. Appellant’s appointed counsel filed an amended notice of appeal on May 1, 1990. This court remanded the case for reconsideration of the order denying appellant’s request to withdraw his guilty plea, but retained jurisdiction. After a hearing, the lower court again denied appellant’s motion to withdraw his guilty plea. On July 24, 1991, we affirmed the order of the lower court.

2

. The Commonwealth also argues that the motion underlying the trial court’s order was never filed. However, our review of the record indicates that the motion was filed and docketed on January 24, 1991.

3

. 18 Pa.C.S.A. § 1360(4) provided:

If the defendant is arrested on one charge and later prosecuted on another charge growing out of an act or acts that occurred prior to his arrest, credit against the maximum term and any minimum term of any sentence resulting from such prosecution shall he given for all time spent in custody under the former charge that has not been credited against another sentence.