MORE COMMON PLEAS RECAPS

Also being heard over the past couple of weeks were a couple of repeat offenders who don't seem to get the message about breaking the law...

Hector Luis Febles, 32, of Phoenixville, was sentenced last week following his third DUI offense in the past seven years. On September 3, 2006 at around 00:11, P/O Jeffrey Murray of the WCPD was on patrol on the 500 block of South Franklin Street when he observed several vehicles in the area blowing their horns for no apparent reason. Febles' vehicle then turned around on Franklin; when P/O Murray ordered the car to stop, Febles continued southbound another 50 yards before stopping. He then got out of his car and told the officer, "Look, I parked it, okay? There is nothing wrong." After failing a series of field sobriety tests, Febles was taken to CCH, where he refused to submit a blood sample to determine his BAC.

During his sentencing hearing last week, Febles was considering applying for the Intermediate Punishment Program, which would've resulted in a reduced sentence. There was one slight problem, though. In his IPP application, Febles neglected to report a simple assault arrest from Easttown from October 26, 2005, where the charges were later reduced to summary harassment (15-1-02, CR-0000270-05). As such the Commonwealth opposed his IP application and sought the mandatory 1 year jail term for a 3rd offense/3rd tier DUI conviction.

As for the other two DUI arrests, the first one occured in East Whiteland on October 19, 2001. In that case, Febles was accepted into the ARD program on March 2002, and was sentenced to 1 year probation, a 4 month license suspension, and community service (CP-15-CR-0000061-2002). The second arrest occured in Upper Providence, Montgomery County on September 9, 2003, just after his court supervision in the first case ended. In that case, Febles was sentenced to 1-to-23 months in jail (CP-46-CR-0000559-2004).

In the West Chester case, Judge Anthony Sarcione sentenced Febles to 120 days in jail (30 days were added on for the "oversight" in the application), 90 days of partial home confinement to be served consecutive to the jail term, 2 years concurrent probation, a $2,500 fine, 240 hours of community service, and 6 months of electronic home monitoring. He began serving his sentence today (CP-15-CR-0000061-2007)...

In one of the more bizarre moments in court last week, Fernandito R. Rivera, 38, of New Castle, Delaware, appeared in court for sentencing on a drug possession charge relating to a ped stop by Cpl. Josh Lee. On November 9, 2006, at around 01:45, Cpl. Lee was on patrol on the 200 block of North New Street when he observed a female getting into a vehicle operated by Rivera. The female, Erica Marin, was in the vehicle for about 20 seconds before getting back out. After being placed under arrest, Marin was found to be in possession of a folded piece of paper containing a small, white powdered substance that tested positive for cocaine. Marin was scheduled for a hearing on December 12, but failed to appear before Judge Bruno to answer the charges. As such, a preliminary hearing was held in absentia, where the charges were bound for Common Pleas Court and a warrant issued for her arrest. She was arrested 3 days later and sentenced on December 22 to time served to 23 months in CCP and was paroled immediately. Marin, unfortunately, died recently, though the circumstances surrounding her death weren't made clear in court records; she was 26 years old (CP-15-CR-0005173-2006).

Meanwhile, for his part, Rivera decided to play stupid, which really didn't sit too well with Judge William P. Mahon, who has very little tolerance for people who make excuses. Rivera's narcotics issue had to do with a $10 bill that was rolled up and hidden in his sock. Rivera claimed that he had found the $10 bill and simply put it in his sock, to which Judge Mahon attempted to explain the concept of pants pockets to the defendant.

Rivera still stuck to his story, and it ultimately cost him a 1-to-12 month vacation at the Chester County Prison (CP-15-CR-0005172-2006). Rivera also reportedly has a previous Possession of a Controlled Substance With Intent to Deliver charge, though no other records have been filed in Pennsylvania (this was probably a case from the state of Delaware, though I have no way to confirm that). Judge Mahon was planning to give Rivera a sentence of probation, but Rivera dug his own hole, so now he has to lie in it...

Tomorrow, we celebrate the 21st birthday of a "frequent flier" who has already spent half of his adult life as a guest of the county. Also, a recap of what appears to be a full docket at 15-1-01's Criminal Day...