An Altoona man who is incarcerated in a state correctional facility for punching a former girlfriend has failed to convince the Superior Court that his nine- to 36-month sentence imposed last year was too harsh.

The state appeals court on Wednesday ruled that Ricardo Lynn Nevel, 64, failed to explain in detail why he thought his sentence was excessive.

The Superior Court panel that included Judges Alice Dubow, Deborah A. Kunselman and Carolyn H. Nichols reported that Nevel was sentenced on charges of simple assault, possession of drug paraphernalia and harassment by Blair County President Judge Wade A. Kagarise on Jan. 12, 2024.

The judge, during a bench trial, acquitted the defendant of possession of a controlled substance.

The Superior Court panel noted that Nevel raised no objections to his sentence after it was imposed by Kagarise.

He also did not file any post-sentence motions, the panel pointed out.

During his trial, Nevel was represented by Public Defender Russell Montgomery.

However, after sentencing, Montgomery indicated he wanted to withdraw from further representation of Nevel because he believed the issues the defendant wanted to raise on appeal were legally frivolous, which means they had little chance of success.

The Superior Court found that the defense attorney followed the proper procedure to withdraw from further representation, which included an explanation of the defendant’s right to appeal, and to suggest possible lines of attack he could pose in an effort to successfully appeal.

Nevel decided to represent himself and contended his sentence was not only too harsh but was based on insufficient evidence.

In challenging his sentence, the appeals court panel stated Nevel was actually challenging the discretionary aspects of Kagarise’s sentence, yet he raised this objection for the first time — when in fact it should have been raised in a post-trial motion before Kagarise.

The panel dismissed the complaint as legally frivolous.

The Superior Court in its review also concluded that Nevel failed to show that the evidence was lacking or insufficient to convict him of simple assault.

In reviewing the record of the case, the panel, in a footnote of its opinion, explained there was ample evidence presented during trial to show Nevel punched his former girlfriend in the face, “causing her substantial pain.”

The Superior Court opinion upheld Nevel’s conviction and sentence and granted Montgomery’s request to withdraw.

The incident in question occurred on the evening of June 10, 2023.

The victim and Nevel, in the company of a new girlfriend, were drinking in the same bar.

She left the bar and went to her Juniata, Altoona, home when Nevel entered her home and accused her “of starting trouble” between him and his new girlfriend.

Despite her denials, Nevel began punching her while she was sitting in a recliner.

She recounted Nevel, with a “closed fist,” hit her on the right eye.

She was eventually taken to the emergency room by ambulance due to the eye injury.

Altoona police became involved at that point.

During a search of Nevel, police found a pipe containing a “white residue.”

Police concluded the pipe was “commonly associated with the ingestion of methamphetamine.”

The judge sentenced Nevel to a prison term of eight to 24 months for simple assault and a consecutive sentence of one to 12 months for possessing drug paraphernalia.

No sentence was imposed on the harassment charge because it merged with the simple assault.

Nevel is currently held in SCI Pine Grove, Indiana County.