Lehighton man gets year in jail after admitting to criminal counts

A Lehighton man was sentenced to a year in jail after admitting on Monday afternoon to two criminal counts.

Alberto J. Perez-Cuenca, 28, was sentenced by Judge Steven R. Serfass to serve one day less 12 to one day less 24 months in prison on a charge of criminal trespass, a felony 3; and nine to one day less 24 months on a charge of theft, with the terms running concurrently. The prison term will be followed by 24 months of probation.

In exchange for the pleas the district attorney’s office dropped charges of robbery, a felony 1, theft, receiving stolen property, unlawful restraint and burglary in a plea bargain.

Lehighton police said on Oct. 25, 2018, Perez-Cuenca forced his way into a home along South First Street, displaying a knife and said he was going to rob the female victim. He then went through rooms in the home, taking various items before fleeing through a rear door.

However, defense attorney Andrew T. Bench, of the public defender’s office, said his client did not agree with all the facts as stated in the police report. He said the female invited his client into the home and that they did drugs together and got high. He said at one point the female told Perez-Cuenca to leave but at first refused, but later did leave and took some items from the home.

Perez-Cuenca at first denied taking anything or forcing his way into the home. He said he went to the home to discuss another matter involving his brother.

Serfass then had Bench confer with his client before proceeding. Later, Bench and Perez-Cuenca appeared before the court and the defendant accepted the police report as to what occurred, noting that he still did not agree with all the facts.

In addition to the prison term, Serfass ordered the defendant to pay restitution to the victim of $1,100, supply a DNA sample, render a total of 200 hours of community service when paroled, pay court costs of about $1,000 and pay a $50 per month supervision fee while on parole and probation.

Perez-Cuenca, who has been in prison since his arrest, was given credit for 335 days already served.