After getting county prison term, defendant asks for state time

A Carbon County woman, who was initially sentenced to a county prison term Thursday, asked the court to reconsider and send her to a state prison, which the court agreed to.

Kayla M. Smith, 27, of Palmerton, appeared before President Judge Roger N. Nanovic II to plea guilty to one count each of possession of drug paraphernalia and retail theft. She was arrested on the charges on Oct. 19, 2017, by Palmerton police at the Rite Aid Pharmacy for stealing items from the store and fleeing on foot. She was later caught, and while being taken into custody, the officers found drug paraphernalia on her.

Smith is currently serving a three- to 12-month prison term in Schuylkill County on drug charges.

Nanovic, after accepting the pleas, sentenced her to serve four to one day less 12 months in the county prison on the drug count and the same on the theft charge, with the terms running concurrent to each other but consecutive to the Schuylkill County term.

Smith then asked Nanovic to sentence her to a state prison term, stating she was told by a relative, who has served in the state system, that it offers the best treatment for drug addiction.

Smith told Nanovic she was a drug addict and was not getting any help in the county prisons.

Nanovic said he would amend his sentence to make it a state term if “that is what you want.”

Smith said, “Yes, I think that is best for me.”

Nanovic vacated the first sentence and imposed the same terms but dropped the one day less part, which then put the sentence in the state system.

Smith was also ordered to get a drug and alcohol evaluation and pay court costs of about $1,000.

Smith told Nanovic she has served almost all of her minimum Schuylkill term. She will now be transferred to the state system.