A state prison sentence imposed on a former Huntingdon County contractor charged with home improvement fraud has been upheld by the Pennsylvania Superior Court.

The contractor, Kristopher Jay Gardner, 56, who now calls Pittsburgh his home, was sentenced last November by Huntingdon County Judge George N. Zanic to 8.5 to 17 years in prison for defrauding two homeowners.

Both homeowners in 2017 gave him money for materials so that he could install metal roofing on their homes.

Gardner never completed the projects, according to the opinion issued late last week by a three-judge panel of the state Superior Court.

He was initially charged with two counts of deceptive or fraudulent business practices, but the prosecution eventually upgraded the charges to home improvement fraud.

The disposition of the case against Gardner experienced delays because of the COVID-19 pandemic.

He was not brought to trial until March 9, 2021, and after the prosecution concluded its case against him, he decided to enter guilty pleas to the two charges in lieu of proceeding to a verdict.

In May 2021, the judge imposed a sentence that involved lesser jail time if Gardner made restitution to the victims of $5,640.

Despite his promise to pay restitution, he never came up with the money and he was resentenced to a lengthy term behind bars.

The Pennsylvania Department of Corrections locator indicates that Gardner is serving his time in SCI Rockview in Centre County.

Gardner, through attorney Christopher B. Wencker of Huntingdon, appealed his conviction and sentence to the Superior Court, arguing that his sentence was “manifestly excessive.”

The sentence, according to the defense, exceeded the standard sentencing range recommended by state guidelines, and it failed to take into consideration Gardner’s acceptance of responsibility for his actions, his remorse and his efforts to pay restitution.

The defense also complained that the prosecution’s upgrading of the charges against him violated his rights to a fair trial.

The Superior Court panel in its 14-age opinion rejected the defense arguments.

The appeals court quoted extensively from Zanic’s opinion in deciding the Gardner case.

“The trial court (Zanic) concluded in light of the full scope of (Gardner’s) conduct, his criminal history, his repeated attempts to escape meaningful punishment for his action and his repeated ploys regarding restitution, a non-guidelines sentence is appropriate here.”

“We agree,” stated the opinion written by Superior Court Judge Correale Stevens.

Zanic explained in his opinion, “We have two victims who have not been made whole. One of the victims is an elderly victim. They have been out of their money for four years.

“I’m also taking into consideration the testimony I heard at trial. There has been no remorse whatsoever and still, still no acknowledgment of remorse in this case.”

The Superior Court panel which also included Judges Deborah A. Kunselman and Daniel McCaffery rejected the defense complaints that the upgrading of charges deprived Gardner of a fair trial.