A Frackville man will not have to spend more time in prison after being sentenced Tuesday in Schuylkill County Court for possessing drugs.
Rigoberto Hernandez, 70, did not react as President Judge William E. Baldwin sentenced him to time served to 23 months in prison and granted him immediate parole.
Baldwin also sentenced Hernandez to pay costs, $100 to the Substance Abuse Education Fund and $50 to the Criminal Justice Enhancement Account.
After a one-day trial over which Judge Charles M. Miller presided, a jury convicted Hernandez on June 3 of possession of a controlled substance, but not guilty of delivery of a controlled substance and possession with intent to deliver a controlled substance.
Schuylkill County detectives had charged Hernandez with possessing 0.01 grams of heroin on Feb. 27, 2013. At trial, Hernandez conceded he possessed the heroin but denied selling or trying to sell it.
Also on Tuesday, Baldwin revoked the probation and parole of James S. Hines, 24, of Philadelphia, and recommitted him to prison, possibly until April 23, 2016.
Baldwin made the defendant ineligible for parole until Aug. 23 and also ordered him to serve an additional 12 months on probation.
"You've got to stay out of trouble," Baldwin told Hines.
Hines initially pleaded guilty on Nov. 14, 2012, to delivery of a controlled substance, possession with intent to deliver a controlled substance, possession of a controlled substance and possession of drug paraphernalia.
At that time, Baldwin sentenced him to serve one to 23 months in prison and an additional 12 months on probation, pay costs, $350 in fines, a $100 SAEF payment and a $50 CJEA payment, and submit a DNA sample to law enforcement authorities.
Schuylkill County detectives had alleged Hines sold drugs on March 27, 2012.
Hines admitted violating his probation and parole by committing new crimes and drinking.