by peter e. bortner
State prison inmate Brian D. Perez possessed marijuana while behind bars and must spend at least three more years in confinement because of it, a Schuylkill County judge ruled Wednesday.
Perez, 27, of Verona, did not react as Judge James P. Goodman sentenced him to serve three to six years in a state correctional institution.
"You committed a crime in a state correctional institution," Goodman said in explaining his decision. "I find three to six years is an appropriate sentence."
Goodman also sentenced Perez to pay costs, $100 to the Substance Abuse Education Fund and $113 restitution to the state police crime laboratory in Bethlehem, and submit a DNA sample to law enforcement authorities.
Furthermore, Goodman made the prison sentence, which Assistant District Attorney John Fegley had requested, consecutive to the one from Allegheny County that Perez already is serving.
Perez pleaded guilty May 29 before Judge Charles M. Miller to possession of contraband and possession of a small amount of marijuana.
State police at Frackville charged Perez with possessing the marijuana on April 14, 2013, while he was an inmate at SCI/Mahanoy. Fegley said Perez possessed 0.39 grams of marijuana.
Wearing a prison jumpsuit, handcuffs and leg shackles, Perez did not deny his crimes, but asked Goodman to make his sentence concurrent to the Allegheny County one, saying the prison system already had punished him.
"I take full responsibility for what I did," Perez said. "I understand the severity of it."
Goodman, however, was unmoved.
"You've had problems with drugs in the past" but are still involved with them, the judge said.
In the Allegheny County case, Perez pleaded guilty on July 1, 2009, to burglary, robbery, conspiracy, recklessly endangering another person and simple assault. At that time, Judge John A. Zottola sentenced him to serve five to 15 years in a state correctional institution, pay costs and submit a DNA sample to law enforcement authorities.
Pittsburgh police charged Perez with committing those crimes in that city on June 9, 2008.Defendant: Brian D. Perez
Age: 27
Residence: Verona
Crimes committed: Possession of contraband and possession of a small amount of marijuana
Prison sentence: Three to six years in a state correctional institution, consecutive to his current sentence