Com. v. Rivera, A. (memorandum)
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J-S44023-14 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. ALAN JAMIE RIVERA Appellant No. 1979 WDA 2013 Appeal from the Judgment of Sentence November 12, 2013 In the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0009456-2008 BEFORE: BENDER, P.J.E., LAZARUS, J., and OTT, J. JUDGMENT ORDER BY LAZARUS, J.: FILED JULY 21, 2014 Alan Jamie Rivera appeals from the judgment of sentence imposed by the Court of Common Pleas of Allegheny County on November 12, 2013, following his conviction for unlawful restraint1 and indecent assault.2 Upon review, we vacate and remand for resentencing. Rivera pled guilty on January 11, 2010, and the court immediately probation. On November 12, 2013, at his third probation violation hearing, imprisonment. The sentencing order awarded Rivera credit for 289 days ____________________________________________ 1 18 Pa.C.S. § 2902(a)(1). 2 18 Pa.C.S. § 3126(a)(2). J-S44023-14 served. On November 22, 2013, Rivera filed a post-sentence motion contending his sentence was excessive and seeking a total credit of 635 days. By order entered December 17, 2013, the court awarded Rivera 570 On appeal, Rivera argues that the court failed to award credit for the 65 days Rivera spent in jail from December 4, 2012 through February 7, 2013.3 See 42 Pa.C.S. § 9760(1) (credit for time served). We agree. As the trial court explained in its opinion, The trial court initially did not award credit for the time Rivera spent in jail from December 4, 2012 through February 7, 2013 because Rivera had another charge pending at CC 201206939. Upon review of the sentencing order from that case, it appears that Rivera did not receive credit at the 2012 case, and so he is entitled to credit at the above-captioned information Trial Court Opinion, 4/3/14, at 5. we remand so that a corrected sentencing order may be filed. Judgment of sentence vacated. Case remanded for resentencing consistent with this order. Jurisdiction relinquished. Judgment Entered. ____________________________________________ 3 Rivera, who is a convicted sex offender, spent 65 days in jail awaiting sentencing for the offense of failure to verify his address or be photographed See 18 Pa.C.S. § 4915.1(a)(2). -2- J-S44023-14 Joseph D. Seletyn, Esq. Prothonotary Date: 7/21/2014 -3-
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