Court rejects inmate’s time served request
Ivory incarcerated for possession of controlled substance
The Pennsylvania Supreme Court this week let stand a Commonwealth Court ruling denying a Cambria County man credit for time served on a sentence for possession of a controlled substance.
The inmate who requested the time-served credit, Mark Ivory, was initially arrested on Feb. 11, 2011, and charged with two drug offenses.
He was held in the Cambria County Prison awaiting trial until he posted bail on Sept. 16, 2011.
Ivory, while awaiting trial on those two offenses, was arrested Dec. 11, 2011, on a third drug charge.
He was sentenced on the most recent charge by Cambria County Judge Norman A. Krumenacker III, after a jury trial, to four to 15 years in a state correctional facility.
Sentencing on that charge occurred Aug. 17, 2012.
The Pennsylvania Superior Court upheld the sentence in an opinion issued April 1, 2013.
It wasn’t until Feb. 7, 2013, that Ivory was sentenced on the initial charge brought against him, receiving nine to 24 months. His second case was eventually dismissed.
Ivory, now 43, is presently housed at the State Correctional Institution at Houtzdale.
The trial judge gave the inmate credit for his initial stint in prison, from February through September 2011 — a total of 215 days.
Ivory contends the credit was never applied to his combined sentences, pointing out the Pennsylvania Department of Corrections refused to apply the credit to the initial crime for which he was sentenced to serve six to 12 months because he had already served his sentence.
He then reasoned that the 215 days credit should be reapplied against the case in which he was sentenced to four to 15 years.
The DOC argued that the credit was already applied to his initial case and filed preliminary objections asking dismissal of Ivory’s request for reapplication of his time-served credit.
An opinion issued 13 months ago by the Commonwealth Court concluded that Ivory “is clearly entitled to credit for the 215 days he spent incarcerated prior to sentencing for Case 1.”
Commonwealth Court Judge Joseph M. Cosgrove, in an opinion written Dec. 15, 2017, stated Ivory received credit for his time served in the Cambria County Prison.
Citing prison records, the judge pointed out that Ivory “maxed out on credit” as of July 7, 2013.
The Commonwealth Court opinion stated, “(Ivory) has further failed to allege any facts which support the claim he was not properly credited 215 days for time served.”
The Superior Court opinion, adopted by Cosgrove and Judges Renee Cohn Jubelirer and Michael H. Wojick, states, “Petitioner only presents a general allegation that his time was not credited.”
The opinion concluded, “We are compelled to sustain the Department’s preliminary objection and dismiss (the) petition.”
Ivory appealed to the state Supreme Court, but on Wednesday, Pennsylvania’s highest court “affirmed” the Commonwealth Court decision.