Carbon County court
Two defendants in criminal cases were sentenced to state prison terms on Monday in Carbon County court.
One entered a guilty plea while the second was resentenced.
Fails to return
David William Ackley, 30, of Lehighton, was sentenced to serve 12 to 24 months in a state correctional institution on a charge of escape, which he pleaded to before Judge Steven R. Serfass.
Ackley was arrested after he failed to return to the county prison in July 2019 while being out in the work-release program.
Ackley is currently an inmate in the county prison on pending violations. His prison term began immediately.
He was also ordered to supply a DNA sample and when paroled render 100 hours of community service.
Resentence
James Leroy Luckenbaugh, 34, of Lehighton, was resentenced by Serfass on charges of attempted theft and criminal trespass.
On Dec. 19, 2019, he was sentenced by Serfass to the state Intermediate Punishment Program. The program runs for two years and included time spent in prison, then in an intensive inpatient drug and alcohol treatment program and time in a halfway house.
However, on Dec. 18, 2019, the state Legislature abolished the state IPP and created the State Drug Treatment program. Luckenbaugh’s placement in the IPP was then nullified due to the abolishment of the program. To get into the state IPP, a defendant had to be recommended for it by the prosecutor and court and approved by the state. The new system has a defendant applying for the program after he is sentenced to a state prison. In the sentencing order the court must note if it and the prosecutor are not opposed to the defendant’s placement in the new program. If the defendant is rejected, he must serve the sentence originally imposed by the court.
On the attempted theft count Serfass resentenced Luckenbaugh to serve 21 to 42 months in a state correctional institution with credit for 196 days already served. On the trespass charge he was sentenced to serve 16 to 32 months in a state prison, with the terms running concurrently. He was given credit for 260 days on that charge.
He must also supply a DNA sample.
Luckenbaugh is currently an inmate in the SCI at Camp Hill, Cumberland County, where he was sent for the evaluation for the IPP.
Both defendants must also pay court costs of about $1,000.
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