Convicted trafficker loses bid to appeal lengthy sentence
Robinson, serving 7 to 14 years, claimed prison term excessive
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A former Altoona man has failed to convince the Pennsylvania Superior Court that his lengthy sentence on drug charges was "grossly disproportionate for nonviolent drug offenses."
Superior Court Judges Anne E. Lazarus, Mary Jane Bowes and Timika Lane in an opinion issued Thursday ruled that the seven- to 14-year prison sentence imposed on Robert William Robinson, 50, was not excessive as he claimed in the appeal he filed last year.
Robinson in the appeal raised six issues and in its 34-page opinion, written by Lane, each of those issues were addressed.
Blair County President Judge Wade A. Kagarise sentenced Robinson, presently incarcerated in the State Correctional Institution at Pine Grove in Indiana County.
Robinson in his appeal filed by Hollidaysburg attorney Kristen Anastasi argued the sentence was excessive and that the judge did not meaningfully consider Robinson's individual background, his rehabilitative needs and the fact there was "lack of evidence of large scale trafficking."
"The trial court focused almost exclusively on the seriousness of the offenses and the need for punishment," according to the Robinson petition.
Another point he made in his appeal was that his criminal history or past offenses was the result of drug use.
The defense requested a prison sentence of only
15 months and asked the court to order drug treatment.
The judge in reviewing Robinson's appeal explained why he imposed a lengthy sentence, stating, "We believe that this sentence has appropriately balanced the factors that weigh in conformity with public safety and the principles of deterrence and retribution."
The Superior Court opinion also made note that the sentencing judge requested the Pennsylvania Board of Probation and Parole to consider drug and alcohol treatment for Robinson as well as any other assessment (such as psychological) that would reduce Robinson's risk of recidivism.
During the sentencing hearing, the judge pointed out the case before him was Robinson's third felony drug conviction.
The appeals court in its opinion concluded that Kagarise properly considered factors like the protection of the public and Robinson's rehabilitative needs.
Robinson's most recent problems with the law began in October 2021.
He was living in a small apartment with his girlfriend and he was under the supervision of the Department of Parole and Probation.
Two parole officers appeared at his apartment for what they refer to as a "home check."
As they identified themselves, they heard sounds of people "moving from room to room."
It took more than two minutes for Robinson to open the door and once inside the apartment the officers noticed what they considered drug activity.
An officer observed a make-up bag containing "bundle or syringes."
The officers found a box containing "wax packets commonly used for storing narcotics"
They found a roll of money, containing $3,000 to $4,000 and a digital scale.
Other items contained drug paraphernalia like glassine bags and hypodermic needles.
Both Robinson and the girlfriend were charged with drug offenses.
Robinson was tried and convicted on two counts of possession with intent to deliver a controlled substance and one count each of conspiracy to commit possession with intent to distribute, possession of a controlled substance and possession of drug paraphernalia.
In his appeal, he challenged his conviction by noting it was against the weight of the evidence, meaning the evidence was not strong enough to prove the charges filed against him.
The Superior Court panel disagreed.
The appeals court opinion stated, "The officers found incriminating evidence throughout the apartment: baggies of drugs in the living room and in the bedroom, between the bed and frame mattress in the bedroom; and money from a wallet was in a pillowcase on the bed, in a plastic tub, in a folder in an entertainment center, and in a shoebox in the closet.
"The circumstantial evidence supported the trial court (Kagarise's) denial of relief on the weight charge," the panel concluded.
Robinson testified during his trial that he and his girlfriend were both heroin addicts, he using 15 to 20 bags a day and the girlfriend using 30 bags a day.
Their drug habits were so intense they kept used bags that they could lick just to "stay well."
His point in relating that story was to deny that he and his girlfriend sold drugs.