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42 Pa. Cons. Stat. § 9757

 Consecutive sentences of total confinement for multiple offenses.

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§ 9757.  Consecutive sentences of total confinement for multiple offenses.

Whenever the court determines that a sentence should be served consecutively to one being then imposed by the court, or to one previously imposed, the court shall indicate the minimum sentence to be served for the total of all offenses with respect to which sentence is imposed. Such minimum sentence shall not exceed one-half of the maximum sentence imposed.

 

Cross References.  Section 9757 is referred to in section 4505 of Title 61 (Prisons and Parole).

Notes of Decisions
Cited in 54 cases (9 in the last 5 years), 1984–2026 · leading case: Gillespie v. DEPT. OF CORR.
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Gillespie v. DEPT. OF CORR. (1987) pacommwct · cites it 10× “Pursuant to Section 9757 of the Sentencing Code, 42 Pa. C. S. §9757, that three to six month sentence was aggregated with the five to ten year sentence for a total sentence of five years, three months to ten years, six months.”
Commonwealth v. Rathfon (2006) pasuperct · cites it 4× “Apparently, at the time of the guilty plea hearing in the instant case, no one recognized that Rath-fon would not be able to serve his 9 to 18 month sentence in the county jail because, statutorily, under 42 Pa.C.S. § 9757 (“Consecutive sentences of total confinement for…”
Moss v. SCI - Mahanoy Superintendent Pa. Bd. of Prob. & Parole (2018) pacommwct · cites it 4× “This Court has consistently held that "once a sentencing court imposes a consecutive sentence, aggregation with other consecutive sentences is 'automatic and mandatory' under [S]ection 9757 of the Sentencing Code[, 9 42 Pa.C.S. § 9757 ]." Forbes v.”
Abraham v. Department of Corrections (1992) pacommwct · cites it 11× “The Commonwealth seeks to open this court’s peremptory mandamus order of January 13, 1992, requiring the Commonwealth to take into custody certain classes of criminal defendants incarcerated in Philadelphia county prisons by aggregating consecutive sentences under 42 Pa.C.S. §…”
Atwell v. Lavan (2008) pamd · cites it 4× “in which the court stated: With respect to Gillespie’s challenge to the legality of the aggregation, this Court noted that “[o]ur reading of the statute and interpretative case law compels us to conclude that once the sentencing court imposes a consecutive sentence, aggregation…”
Commonwealth v. Tilghman (1996) pa · cites it 3× “Harris">Harris , unless section 17 is interpreted to mean that any sentences for criminal offenses which are authorized by law shall be aggregated pursuant to 42 Pa.C.S. § 9757 3 to determine the entire continuous term of imprisonment to which a criminal defendant is sentenced,…”
Commonwealth v. Allshouse (2011) pasuperct · cites it 2× “42 Pa.C.S. § 9757. This statute mandates automatic aggregation of sentences once a trial court imposes a consecutive sentence.”
Commonwealth v. Brown (2016) pasuperct “7 The Department of Corrections aggregated the sentences for his first and second convictions pursuant to 42 Pa.C.S. § 9757, which mandates automatic aggregation of sentences once a trial court imposes a consecutive sentence.”
Commonwealth v. Button (1984) pa · cites it 2× “Section 9757 of the Sentencing Code, 42 Pa.C.S. § 9757, provides that whenever imposing consecutive sentences, the court shall indicate the minimum sentence to be served for the total of all the offenses.”
Commonwealth ex rel. Smith v. Pa. Dept. of Corrections (2003) pacommwct · cites it 5× “Based upon Sec *793 tion 9757 of the Sentencing Code, 42 Pa. C.S. § 9757, 3 the controlled substance sentence was aggregated with the manslaughter sentence and amounted to a total sentence of five years, three months to ten years, six months.”
Commonwealth v. Ward (1990) pa “/commonwealth-v-aulisio/" aria-description="Citation for case: Commonwealth v. Aulisio">541 A.2d 784 (1988); 42 Pa.C.S. § 9757. 5 . The parties also asserted a constitutional violation based on the Double Jeopardy Clause. In view of our dispositio”
Commonwealth v. Fisher (1997) pasuperct “42 Pa.C.S. § 9757; Pa.R.Crim.P. 1406; Commonwealth ex.”
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