A three-judge panel of the Pennsylvania Superior Court has upheld a sentence imposed on a Clearfield County man who three years ago severely beat a 12-year-old boy.

Richard Wayne Rose Jr., 48, of Troutville, was convicted by a jury on charges of endangering the welfare of a child, simple assault, harassment and disorderly conduct for an incident that occurred in late January 2023.

Clearfield County Judge Frederic J. Ammerman sentenced Rose to eight to 16 months in prison on the charge of endangering the welfare of a child and four years of probation, which is to run concurrently.

The judge also imposed a concurrent sentence of six months to two years of probation on the simple assault charge.

Rose, through attorney Joseph D. Ryan, appealed Ammerman’s sentence to the Superior Court.

The defense complained that Rose received an illegal sentence.

The trial judge, it was charged, imposed separate sentences on different charges for the same offense.

Rose was challenging the circumstance under which he ended up with both a prison sentence and a probation sentence for the same offense — or, two punishments for the same act.

An opinion, issued last week by Senior Judge Kate Ford Elliott, stated, “This Court (very recently) rejected a claim a court may not impose a probationary term to run concurrently with a term of incarceration.”

The court in January concluded, “We hold to the contrary (the language of the state’s sentencing statute) clearly and unambiguously permits trial courts to impose concurrent terms of probation and total confinement.”

The opinion issued last week in the Rose case concluded, “The trial court’s selection of imprisonment and concurrent probation in this case complies with the sentencing statute’s plain language and this court’s interpretation of that statutory language.”

Judges Judith F. Olson and Megan Sullivan joined with Ford Elliott in issuing the opinion.

Rose was accused of assaulting the child in late January 2023 by punching him multiple times in the face and hitting him with a belt.

The staff at the boy’s middle school noticed “bruising and wounds” on the child’s face, leading to a visit to the Clearfield County Child Advocacy Center.

State police also entered the case. Bruises were noted on the child’s right eye and right leg.

Ammerman defended his sentence, noting that a trial court judge “has the discretion to impose its sentence concurrently or consecutively to other sentences being imposed at the same time.”

The panel ended its opinion by stating, “Judgment of sentence affirmed.”