Superior Court upholds sentence in Wilkes-Barre Township traffic stop case
Scott, 40, formerly of South Main Street, Hanover Township, was sentenced by Judge David W. Lupas on April 3, 2024, to five-to-10 years in state prison on the firearm offense, driving under the influence of marijuana and possession of a small amount of marijuana.
Scott was charged when Wilkes-Barre Township police conducted a traffic stop on Highland Park Boulevard for driving a Jeep Cherokee with an expired New Jersey license late on Oct. 20, 2022, according to court records.
During the traffic stop, police detected a strong odor of marijuana and found a Glock 9mm handgun inside the Jeep, court records say.
Police further found, court records say, a magazine with 14 9mm rounds in Scott's pocket.
Scott is prohibited from owning, possessing and carrying a firearm due to felony arson, burglary and assault convictions in New York.
In his appeal, Scott claimed his convictions in New York were more than 20 years ago and were wrongly considered when Lupas imposed the sentence in April 2024, and his acceptance of responsibility by pleading guilty and cooperation with police officers were ignored.
A three-member panel of the Superior Court called Lupas' sentence, "sound."
"(Lupas) evaluated (Scott's) criminal history and stated that issuing a term of imprisonment within the standard sentencing range was necessary to protect the public and rehabilitate (Scott)," the appellate court ruled in an eight page opinion.
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