Merritt v. Bd. of Prob. & Parole, 574 A.2d 597 (Pa. 1990). · Go Syfert
Merritt v. Bd. of Prob. & Parole, 574 A.2d 597 (Pa. 1990). Cases Citing This Book View Copy Cite
46 citation events (37 in the last 25 years) across 2 distinct courts.
Strongest positive: J.L. Bradley v. PBPP (pacommwct, 2021-06-23)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (rule) J.L. Bradley v. PBPP
Pa. Commw. Ct. · 2021 · confidence medium
The Board’s discretion is limited, however, as it may not impose backtime that exceeds “the total aggregate maximum sentence first imposed by the trial court.” Davenport v. Pa. Bd. of Prob. & Parole, 656 A.2d 581, 583 (Pa. Cmwlth. 1995) (quoting Merritt v. Pa. Bd. of Prob. & Parole, 574 A.2d 597, 597-98 (Pa. 1990)).
discussed Cited as authority (rule) T. Yeagley v. PBPP
Pa. Commw. Ct. · 2021 · confidence medium
Our Supreme Court has stated, “one who is on constructive parole is at liberty on parole on that particular sentence, and is not entitled to credit against his original sentence for his time spent on constructive parole.” Merritt v. Pennsylvania Board of Probation and Parole, 574 A.2d 597, 598 (Pa. 1990).
cited Cited as authority (rule) S. Warring v. PBPP
Pa. Commw. Ct. · 2020 · confidence medium
Merritt v. Pa. Bd. of Prob. & Parole, 574 A.2d 597, 598 (Pa. 1990); Spruill, 158 A.3d at 730-31 .
discussed Cited as authority (rule) S. Faircloth v. PBPP
Pa. Commw. Ct. · 2020 · confidence medium
Our Supreme Court has explained that although a petitioner “who is on constructive parole is at liberty on parole on that particular sentence,” the petitioner “is not entitled to credit against his original sentence for his time spent on constructive parole.” Merritt v. Pennsylvania Board of Probation and Parole, 574 A.2d 597, 598 (Pa. 1990); see Cox v. Pennslyvania Board of Probation and Parole, 493 A.2d 680, 683 (Pa. 1985).
discussed Cited as authority (rule) P. Perry v. PBPP
Pa. Commw. Ct. · 2020 · confidence medium
But this Court has explained that the “sum total aggregate backtime imposed by the Board plus the time served prior to parole cannot exceed the total aggregate maximum sentence first imposed by the trial court.” Davenport v. Pa. Bd. of Prob. & Parole, 656 A.2d 581, 583 (Pa. Cmwlth. 1995) (emphasis in original) (citing Merritt v. Pa. Bd. of Prob. & Parole, 574 A.2d 597, 597-98 (Pa. 1990)).
discussed Cited as authority (rule) P. Noble v. PBPP
Pa. Commw. Ct. · 2019 · confidence medium
Our Supreme Court has stated, “one who is on constructive parole is at liberty on parole on that particular sentence, and is not entitled to credit against his original sentence for his time spent on constructive parole.” Merritt v. Pennsylvania Board of Probation and Parole, 7 Learned scholar, Timothy P. Wile, explains, “Constructive parole is considered as ‘time at liberty’ on parole for purposes of section 6138(a) of the Prisons and Parole Code, or ‘street time,’ for purposes of determining to what credit an offender is due against a maximum sentence upon recommitment as a par…
discussed Cited as authority (rule) C. Ledbetter v. PBPP
Pa. Commw. Ct. · 2017 · confidence medium
However, he cites to Merritt v. Pennsylvania Board of Probation and Parole, 574 A.2d 597, 598 (Pa. 1990) (holding that “The sum total of aggregate backtime imposed by the Board plus the time served prior to parole cannot exceed the total aggregate maximum sentence first imposed by the trial court.” (emphasis in original)), as support for his argument that even if the backtime was within the presumptive range, the Board cannot require him to serve all of his backtime if it exceeds, in the aggregate, the time remaining on his original sentence.
cited Cited as authority (rule) J. Wright v. PA BPP
Pa. Commw. Ct. · 2017 · confidence medium
Merritt v. Pennsylvania Board of Probation and Parole, 574 A.2d 597, 598, n.1 (Pa. 1990).
cited Cited as authority (rule) J. Wright v. PA BPP
Pa. Commw. Ct. · 2017 · confidence medium
Merritt v. Pennsylvania Board of Probation and Parole, 574 A.2d 597, 598, n.1 (Pa. 1990).
discussed Cited as authority (rule) T.A. Pickard v. PBPP
Pa. Commw. Ct. · 2017 · confidence medium
Merritt v. Pa. Bd. of Prob. & Parole, 574 A.2d 597, 580 (Pa. 1990).5 Because Pickard was at liberty on parole from his first sentence while confined under a detainer in Ohio, he was not entitled to credit for that period.
discussed Cited as authority (rule) J. Howell v. PA BPP
Pa. Commw. Ct. · 2016 · confidence medium
Our Supreme Court has held that “one who is on constructive parole is at liberty on parole on that particular sentence, and is not entitled to credit against his original sentence for time spent on constructive parole.” Merritt v. Pa. Bd. of Prob. & Parole, 574 A.2d 597, 580 (Pa. 1990) (emphasis added); see also Hernandez v. Pa. Bd. of Prob. & Parole, 548 A.2d 380 (Pa. Cmwlth. 1988); Rosenberger v. Pa. Bd. of Prob. & Parole, 510 A.2d 866 (Pa. Cmwlth. 1986).
discussed Cited as authority (rule) Davenport v. Pennsylvania Board of Probation & Parole
Pa. Commw. Ct. · 1995 · confidence medium
Merritt v. Pennsylvania Board of Probation and Parole, 524 Pa. 577, 578 , 574 A.2d 597, 597-98 (1990). 3 This principle cannot be ignored when the Board orders the recommitment of a parolee as a convicted parole violator.
cited Cited "see" K. Small (aka) A. Greentree (Parole No. 8843V) v. PPB
Pa. Commw. Ct. · 2024 · signal: see · confidence high
See Merritt v. [Pa.] [Bd.] of Prob[.] [&] Parole, . . . 574 A.2d 597, 598 ([Pa.] 1990); Hines . . . .
cited Cited "see" J.B. Freeman v. PPB
Pa. Commw. Ct. · 2024 · signal: see · confidence high
See Merritt v. [Pa.] [Bd.] of Prob[.] [&] Parole, . . . 574 A.2d 597, 598 ([Pa.] 1990); Hines v. [Pa.] [Bd.] of Prob[.] [&] Parole, . . . 420 A.2d 381, 383 ([Pa.] 1980).
cited Cited "see" A. Wylee v. PPB
Pa. Commw. Ct. · 2021 · signal: see · confidence high
See Merritt v. Pennsylvania Board of Probation and Parole, 574 A.2d 597 , 598 n.1 (Pa. 1990).
cited Cited "see" A.J. Rivera v. PBPP
Pa. Commw. Ct. · 2020 · signal: see · confidence high
See Merritt v. Pennsylvania Board of Probation and Parole, 574 A.2d 597 , 598 n.1 (Pa. 1990).
cited Cited "see" G.M. Hackett, Jr. v. PBPP
Pa. Commw. Ct. · 2018 · signal: see · confidence high
See Merritt v. Pennsylvania Board of Probation and Parole, [ 574 A.2d 597, 598 (Pa. 1990)]; Hines v. Pennsylvania Board of Probation and Parole, [ 420 A.2d 381, 383 (Pa. 1980)].
discussed Cited "see" Spruill v. Pennsylvania Board of Probation & Parole (2×)
Pa. Commw. Ct. · 2017 · signal: see · confidence high
See Merritt v. Pennsylvania Board of Probation and Parole, 524 Pa. 577 , 574 A.2d 597, 598 (1990); Hines v. Pennsylvania Board of Probation and Parole, 491 Pa. 142 , 420 A.2d 381, 383 (1980).
discussed Cited "see" D. Williams v. PA BPP (2×) also: Cited "see, e.g."
Pa. Commw. Ct. · 2016 · signal: see · confidence high
See Merritt v. Pennsylvania Board of Probation and Parole, 574 A.2d 597, 598 (Pa. 1990); Hines v. Pennsylvania Board of Probation and Parole, 420 A.2d 381, 383 (Pa. 1980).
cited Cited "see" A. Stirling v. PA BPP
Pa. Commw. Ct. · 2016 · signal: see · confidence high
See Merritt v. Pennsylvania Board of Probation and Parole, 574 A.2d 597, 598 (Pa. Cmwlth. 1990); Hines v. Pennsylvania Board of Probation and Parole, 420 A.2d 381, 383 (Pa. Cmwlth. 1980).
discussed Cited "see" H. Harriott, Jr. v. PA BPP
Pa. Commw. Ct. · 2015 · signal: see · confidence high
See Merritt v. Pennsylvania Board of Probation and Parole, 574 A.2d 597 , 598 n.1 (Pa. 1990) (“A prisoner on constructive parole is not released from prison; although paroled on his original sentence, he immediately begins serving his new sentence.” (internal quotation marks and citation omitted)).
discussed Cited "see" Bowman v. Pennsylvania Board of Probation & Parole (2×)
Pa. Commw. Ct. · 1998 · signal: see · confidence high
See Merritt v. Pennsylvania Board of Probation and Parole, 524 Pa. 577 , 574 A.2d 597 (1990).
Retrieving the full opinion text from the archive…
Marvin MERRITT, Appellant,
v.
COMMONWEALTH of Pennsylvania, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Appellee
35 Eastern District Appeal Docket 1989.
Supreme Court of Pennsylvania.
May 11, 1990.
574 A.2d 597
Patrick J. Flannery, Wilkes Barre, for appellant., John Packel, Chief, Appeals Div., Leonard N. Sosnov, Asst. Defender, Philadelphia, For Amicus — Defender Ass’n of Philadelphia., Timothy P. Wile, Asst. Chief Counsel, and Robert A. Greevy, Chief Counsel, Harrisburg, for Pa. Bd. of Probation and Parole.
Nix, Larsen, Flaherty, McDermott, Zappala, Papadakos, Cappy.
Cited by 29 opinions  |  Published

OPINION OF THE COURT

CAPPY, Justice.

We have before us an appeal by Marvin Merritt from an order of the Commonwealth Court of Pennsylvania at No. 1784 C.D.1987, issued March 29, 1988, 115 Pa.Cmwlth. 34, 539 A.2d 511, affirming the administrative order of the Pennsylvania Board of Probation and Parole (“Board”) No. 0699-J, dated June 11, 1987, denying administrative relief from its order recomputing his backtime. We affirm the decision of the Commonwealth Court, and we write to emphasize the axiomatic principle that:

The sum total of aggregate backtime imposed by the Board plus the time served prior to parole cannot exceed the total aggregate maximum sentence first imposed by the trial court.

This principle is inviolate whether the sentences first imposed are consecutive as in Hines v. Pennsylvania Board of Probation and Parole, 491 Pa. 142, 420 A.2d 381 (1980), concurrent as in the case sub judice, or a combination of both concurrent and consecutive.

Merritt was sentenced to an indeterminate to six year term commencing September 15, 1972 for aggravated robbery and burglary (# 975), a one to three year concurrent term beginning April 29, 1974 for burglary (# 223), and an[*579] eleven and one-half to twenty-four month concurrent term beginning June 20, 1974 for burglary, larceny and receiving stolen goods (#286). On June 20, 1974, Merritt was constructively paroled [1] from the indeterminate to six year term, and he continued to serve the remaining two sentences until he was released on parole on June 5, 1975. Merritt was to be on parole until September 15, 1978.

On November 30, 1976 Merritt was arrested for murder and related charges. On November 15, 1977 he pled guilty to second degree murder and sentencing was deferred. After conviction, but prior to sentencing for second degree murder, the Board recommitted Merritt as a convicted and technical violator for an indeterminate backtime term to be reviewed after serving three years. On January 21, 1982, Merritt was sentenced to a life term for his murder conviction.

On February 18, 1982 the Board reaffirmed its prior recommitment action and determined that: (1) Merritt would be given a credit of five years, one month and nine days towards the life sentence for his time served during the period from his arrest on November 30, 1976 until his sentencing on January 21, 1982; (2) that backtime of four years, two months and 18 days owed on the three prior sentences had begun on the date of sentencing and would run until January 21, 1985; and (3) that he would begin serving his life sentence on January 21, 1985.

Merritt contends that the Board’s determination of back-time should not have included the time he spent in prison on constructive parole from his indeterminate to six year sentence while continuing to serve his other two sentences during the period from June 20, 1974, to June 5, 1975. We disagree.

In reliance upon this Court’s decision in Hines v. Pennsylvania Board of Probation and Parole, 491 Pa.[*580] 142, 420 A.2d 381 (1980), the Commonwealth Court properly affirmed the Board’s determination that Merritt was not entitled to a credit for time served while on constructive parole. Section 331.21a(a) of the parole statute [2] provides that convicted parole violators shall be given no credit for the time at liberty on parole. In Hines, this Court held that one who is on constructive parole is at liberty on parole on that particular sentence, and is not entitled to credit against his original sentence for time spent on constructive parole. Therefore, Merritt is not entitled to a credit for time served while on constructive parole.

Here the initial and controlling sentence was for indeterminate to six years, the second concurrent sentence was for one to three years, and the third concurrent sentence was for eleven and one-half to twenty-four months. When recommitted, Merritt was sentenced to backtime of four years, two months and 18 days. The sum of Merritt’s total aggregate backtime imposed by the Board of four years, two months and 18 days, plus his time served prior to parole of one year, nine months and five days, totals five years, eleven months and 23 days, and thus does not exceed the total aggregate maximum of the six years first imposed by the trial court.

While we are cognizant of the fact that some may argue that the second and third sentences imposed in 1974 are in effect rendered a nullity, it is clear that the trial court did not intend to increase the original maximum term, since those sentences expired well before the expiration of the indeterminate to six year sentence, and thus the trial court itself rendered the sentences a nullity.

The Commonwealth Court’s application of § 331.21a is correct. Affirmed.

1

. “A prisoner on constructive parole is not released from prison; although paroled on his original sentence, he immediately begins serving his new sentence.” Hines v. Pennsylvania Board of Probation and Parole, 491 Pa. 142, 420 A.2d 381, 383 (1980).

2

. Act of August 6, 1941, P.L. 861, as amended, added by Section 5 of the Act of August 24, 1951, P.L. 1401, as amended, 61 P.S. § 331.21a(a).