The Superior Court has decided the case of Commonwealth v. Wheeler, holding that the trial court properly denied Wheeler’s motion for time credit. The case did not really change any of the rules around challenging a time credit calculation, but it provides a helpful explanation on the proper motions and forums in which time credit challenges should be brought.

The Facts of Wheeler

Wheeler was convicted of multiple drug-related offenses, including conspiracy to possess with intent to deliver (“PWID”) and criminal use of a communication facility (“CUCF”). He received concurrent state sentences on three different docket numbers. The trial court ordered that he receive credit of time served but did not specify how much credit he should receive on each case. The Department of Corrections put all of his time credit on one docket and found that he had no time credit for the other two, so he filed a motion in the trial court asking the trial judge to give him time credit on all of the cases. The trial court denied the motion.

The Superior Court Appeal

Wheeler appealed to the Pennsylvania Superior Court from the order denying his pro se motion to modify the credit for time served. He argued that there was an error in how the Department of Corrections (DOC) calculated his credited time. The Superior Court, however, disagreed. It denied the appeal, holding that the trial court properly awarded credit for time served at the time of sentencing, and that Wheeler’s challenge pertained to the DOC's application of this credit, not to the legality of the sentence itself. Accordingly, the issue did not fall under the PCRA or the trial court’s jurisdiction.

The Superior Court explained that there are three types of time credit issues:

1) The trial judge’s order is correct, but the Department of Corrections has miscalculated the time credit. In this situation, an inmate should first challenge the time credit calculation through internal procedures and if that is unsuccessful, file a lawsuit against the DOC in the Commonwealth Court.

2) If the sentence is ambiguous or unclear, then the petitioner should file a motion for habeas corpus in the trial court. This type of motion does not fall under the Post-Conviction Relief Act, and so a petitioner may be able to file this type of motion even if the deadlines have expired or the petitioner has already filed a prior PCRA petition which was denied.

3) The sentence or the time credit order in the judgment of sentence is illegal. In this situation, there would be a due process violation, and the petitioner should file a PCRA petition within one year of the judgment of sentence becoming final. If the petitioner fails to file within a year or has previously litigated a PCRA petition, the petitioner may not be eligible for relief.

In this case, the Superior Court recognized that the trial court had properly ordered that the defendant receive credit for time served. The defendant’s complaint was really with the DOC’s calculation of that time credit, so the defendant should have filed suit in Commonwealth Court rather than filing a motion in the trial court. Therefore, the Superior Court affirmed. Wheeler may still be able to file in Commonwealth Court, although filing in Commonwealth Court is generally more complicated than submitting a motion in the Court of Common Pleas.

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