[Download] "Commonwealth v. Kyle" by Texas Court of Criminal Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Kyle
- Author : Texas Court of Criminal Appeals
- Release Date : January 16, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
This Court granted discretionary review to consider whether an individual is in custody for purposes of awarding credit toward a prison sentence for time spent subject to home confinement with electronic monitoring while released on bail pending appeal. The Post Conviction Relief Act ("PCRA") court determined that appellee was not entitled to credit. The Superior Court vacated that determination and remanded for an evidentiary hearing. For the reasons set forth below, we find that appellee is not entitled to sentencing credit toward his prison sentence for time he spent at home on bail subject to electronic monitoring. Accordingly, we reverse the Superior Courts remand order and reinstate the order of the PCRA court, denying relief.