Criminal law — Sentences — Lumping — Parole — Commission of crime while on parole.
1. Where a prisoner is sentenced for a crime committed during his parole, and returned to the penitentiary from which he was released on parole, the unexpired portion of his original sentence is to be served before he commences to serve the sentence imposed for the crime committed while on parole.
2. In such case, it is illegal to provide that the sentence for the new crime is "to run concurrently" with the back parole time on the previous commitment.
3. Commonwealth ex rel. Lerner v. Smith,
151 Pa. Super. 265, followed.
4. Where it appeared that petitioner for a writ of mandamus had been given two sentences, to run consecutively, for offenses committed, and that the sentences were erroneously lumped by the penitentiary authorities; that the petitioner was refused permission to apply for a parole at the expiration of the minimum of the first sentence but that he had been paroled at the expiration of the minimum period in the second sentence, if the sentences had been legally computed by the penitentiary authorities; and that his present predicament was caused by an offense committed while on parole, for which he had been sentenced and returned to the penitentiary; and that the petitioner was not eligible for parole under the last sentence; it was Held that the State Board of Parole had not refused to grant any hearing to which the petitioner at the time of his petition for a writ of mandamus was entitled.
Submitted April 20, 1945.
PER CURIAM, April 26, 1945.
The order is affirmed on the opinion of Judge HARGEST.