COM. v. BIRNEY


910 A.2d 739 (2006)

COMMONWEALTH of Pennsylvania, Appellee, v. Kelly Marie BIRNEY, Appellant.

Superior Court of Pennsylvania.

Filed October 27, 2006.


Attorney(s) appearing for the Case

Helen A. Stolinas, Towanda, for appellant.

Stephen G. Downs, Jr., Asst. Dist. Atty., Towanda, for Com., appellee.

BEFORE: MUSMANNO, BENDER and TAMILIA, JJ.


OPINION BY TAMILIA, J.:

¶ 1 Kelly Marie Birney appeals from the April 12, 2006, Order denying her petition for credit for time served while on electronic monitoring while she was on parole. The facts underlying this appeal, as set forth in the trial court Opinion, follow.

Defendant pled guilty to Access Device Fraud and was sentenced on March 3, 2003, to a term of imprisonment for a minimum of forty-five (45) days and a maximum of eighteen (18) months...

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