A Pottsville man must remain behind state prison bars after the state Superior Court dismissed the appeal of his conviction of two drug-related crimes.
Jamie D. McCabe, 36, did not file his appeal in time, the court ruled in a one-page order filed Tuesday in Pottsville.
"A notice of appeal must be filed within 30 days of the entry of the order being appealed," the order reads in part.
The ruling means McCabe must serve the sentence of 27 to 54 months in a state correctional institution that county Judge Charles M. Miller imposed on the defendant on Dec. 19, 2013.
After a one-day trial over which Miller presided, a jury of eight men and four women convicted McCabe on Oct. 22, 2013, of one count each of possession with intent to deliver a controlled substance and possession of a controlled substance.
The jury, which deliberated more than four hours, could not reach a verdict on one additional count of possession with intent to deliver a controlled substance and two additional counts of possession of a controlled substance.
Pottsville police had charged McCabe with possessing cocaine, heroin and methamphetamine on Dec. 12, 2012, at a traffic stop on Progress Avenue in the city. Nine bags of cocaine, one of methamphetamine and 26 of heroin were found in a black bag in the car's console, while the other 30 bags were found on McCabe's person, according to police.
In its order, the Superior Court said McCabe had to file his appeal within 30 days of his sentencing. McCabe did not file his appeal until Jan. 27, the court ruled.
"This court may not extend the time for filing a notice of appeal," according to the order.
Miller made his sentence consecutive to one of 12 to 30 months in a state correctional institution that county Judge John E. Domalakes handed down on Dec. 9, 2013.
In that case, McCabe pleaded guilty on Oct. 18, 2013, to driving under the influence and possession of a controlled substance. Pottsville police also filed the charges in that case, alleging McCabe was DUI and possessed drugs on June 28, 2012, in the city.
McCabe is serving his sentences at SCI/Laurel Highlands in Somerset County.Defendant: Jamie D. McCabe
Age: 36
Residence: Pottsville
Crimes committed: Two counts of possession of a controlled substance and one each of possession with intent to deliver a controlled substance and driving under the influence
Prison sentence: 39 to 84 months in a state correctional institution