Sentence Upheld For Frewsburg Man
A Frewsburg man sent to Pennsylvania state prison for receiving stolen property has had a request for reconsideration of his sentence denied.
Jaime Lee Condella, 40, was charged with Jamie Delbert Crick, 41, Youngsville, following a burglary on Jan. 6 on Samuelson Road in Sugar Grove Township.
When the residents returned home at 3 p.m., they had discovered that there were items missing from the residence, including an Xbox gaming system, various jewelry, an antique revolver, two rifles, I.D. cards, and cash.
While Condella was not involved in the actual burglary, Crick picked up Condella outside of the residence and they traveled together to Jamestown in an attempt to pawn the stolen items.
Condella was sentenced in September to between 33 months and 10 years in state prison on a felony count of receiving stolen property.
His attorney, Joan Fairchild, told President Judge Maureen Skerda on Friday she was challenging Condella’s inability to withdraw his plea and also asserting inconsistencies in Condella’s prior record.
Fairchild believed that Condella’s prior record score was zero as discovery provided by the state didn’t indicate the prior offenses that he has on his record. She added that Condella didn’t remember many of his priors and said that wasn’t uncommon given his extensive drug addiction issues.
His prior record was ultimately calculated at a five and Fairchild claimed that Condella entered the plea because of what he thought his prior record would be. She argued that the sentence Condella received from Skerda focused on the burglary, an offense to which Condella did not plea guilty.
District Attorney Rob Greene said he emailed a copy of the accurate prior record to Fairchild but Fairchild said, and Greene concurred, that the record was actually that of Jamie Crick. Greene argued, though, that Condella was advised of the maximum possible sentence and argued that his attempt to withdraw the plea is moot because the argument didn’t include an assertion of innocence. He said that Fairchild was not “trying to throw a Hail Mary to get a sentence reduced.” Skerda noted that no reasoning is required when a sentence is issued in the standard range but pointed out that Condella admitted to the charge.
“He did not maintain his innocence in any way, shape or form,” Skerda said, and told Fairchild that the prior record issue was between her and her defendant.
She added that there was no reason to mitigate the sentence as Condella’s “criminal behavior is not something that has improved over time.”
In denying the motion, she also informed Fairchild that Condella received 7.8 months of credit for time served, effectively reducing the sentence from 33 months to 25 months and that two years in state prison is not unreasonable for participation in drug and alcohol treatment.