2011-03-24 / Local & State

Man Gets Jail For Drug Delivery In School Zone

By Chanin Rotz-Mountz STAFF WRITER

Michael Collins Michael Collins A McConnellsburg man has been given credit for time served in the Franklin County Prison since his arrest approximately 15 months ago for the possession and delivery of a controlled substance.

During sentencing proceedings last Tuesday in the Fulton County Court of Common Pleas, District Attorney Travis Kendall shared with the court the circumstances surrounding the arrest of Michael P. Collins, formerly of the Cardinal Glen Apartments, McConnellsburg.

According to Kendall, on December 7, 2009, outside the apartment complex located along Woodside Drive, Collins made a hand-to-hand transaction of crack cocaine for $300 with a confidential informant. Fast forwarding to December 21, 2009, Collins delivered more than two grams of crack cocaine to an informant in exchange for $500.

Given that one sale was recorded at being more than two grams and that both sales happened within a school zone, Kendall requested that Judge Carol L. Van Horn take into account enhanced penalties in handing down appropriate sentences.

Kendall also said the commonwealth was unwilling to pursue two additional incidents involving drugs in connection with Collins entering a guilty plea to two counts of delivery of a controlled substance. Restitution and crime lab user fees were, however, requested in both dropped cases by the district attorney, who further noted Collins had been incarcerated for a long length of time as he was slated to be testify against a co-defendant. However, within days of the impending trial Collins reportedly announced the co-defendant was not his supplier but was in the wrong place at the wrong time.

Meanwhile, defense attorney David Dagle asked Judge Van Horn to consider that until this arrest Collins, 28, had not spent significant time in jail. Furthermore, he has been taking steps to better himself to ensure that he will not return to jail following his release.

The judge countered that Collins criminal record and troubles began in 2000 and have continued until this arrest. She then ruled Collins would be remanded to a state correctional institution (SCI) for a period of 24 to 60 months for the first count of drug delivery and pay the following fines: $300 restitution to the Pennsylvania State Police; $113 in crime lab user fees; $100 to the substance abuse fund; and a $25 per month supervision fee.

On the second count of delivery of a controlled substance, Collins will complete an additional 36 to 72 months in an SCI. Restitution to the state police in the amount of $500 was also ordered as was a $113 crime lab user fee, $100 to the substance abuse fund and a $25-per-month supervision fee.

In regard to the two cases that were not pursued, the judge ordered a total crime lab user fee in the amount of $226 be paid as well as $300 in restitution.

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