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Commonwealth ex rel Strope v. District Attorney of Bradford County

Federal prisoner could not challenge state court conviction and sentence via petition for habeas corpus against county district attorney; correct avenue for relief was PCRA suit.

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� 1 This is as appeal from the August 21, 2000 Order denying the petition for habeas corpus relief filed by the appellant, Isaac Strope. We affirm, albeit on grounds in addition to those cited by the court in its Order. *fn1

� 2 The procedural history of this case is foggy at best, the facts set forth herein having been gleaned from the parties’ briefs. On December 24, 1980, after having been convicted of conspiring *fn2 to deliver a controlled substance, the appellant, Isaac Strope, was sentenced in Bradford County to a term of eight (8) months and fifteen (15) days to twenty-three (23) months and twenty-nine (29) days imprisonment. At this time, appellant had previously pled guilty to the same crime and been sentenced in both Montgomery and Buck Counties. It is appellant’s argument that all three conspiracy convictions arose from the same conduct, and the Pennsylvania State Police Drug Task Force knew of this pattern prior to the entry of his first guilty plea. Therefore, appellant argues his right against double jeopardy was violated when he was convicted and sentenced in Bradford County. Subsequent to the completion of his state incarceration, appellant was found guilty in federal court and, according to appellant, he received an enhanced federal sentence due to the Bradford County conviction. Appellant is presently serving the federal sentence.

� 3 On April 11, 2000, appellant filed a habeas corpus petition in state court, naming as the defendant the District Attorney of Bradford County. A hearing was conducted on August 20, 2000, and relief was denied the following day. *fn3

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