Michael Hodges, 25, formerly of Mercer, pleaded guilty to a charge of theft. Mercer police filed charges following the broken Aug. 5, 2006, drug deal

local judge did not go overboard in sentencing a man to 1 to 2 years in prison for ripping off an informant who was trying to buy cocaine as part of an undercover drug investigation, a three-judge panel of Superior Court said Wednesday.
Michael Hodges, 25, formerly of Mercer, pleaded guilty to a charge of theft. Mercer police filed charges following the broken Aug. 5, 2006, drug deal in which Hodges took $100 from the informant but did not deliver cocaine.
Hodges, who is lodged in Greensburg, claimed the sentence handed down Oct. 5 by Mercer County Judge Francis J. Fornelli was excessive and did not meet his rehabilitative needs, and Fornelli did not sufficiently justify exceeding sentencing guidelines.The panel quoted the sentencing hearing transcript discussion between Fornelli and Hodges in which the judge noted Hodges had 17 adult convictions — including charges of conspiracy, forgery, disorderly conduct and retail theft — was on probation at the time of the drug deal, and had been adjudicated as a juvenile for statutory rape.Fornelli also said Hodges did not appear for his first sentencing hearing, failed to obey an order while in Mercer County Jail and could not be found when probation and parole officers tried to locate him for a presentence investigation interview.Superior Court said Fornelli’s comments about Hodges’ past and recent conduct were sufficient to justify the sentence.Hodges’ criminal history “is not that of a neophyte to the criminal justice system,” the court said. “Rather, it shows an individual who needs structure and supervision to bring stability to his life before being allowed to intermingle with society at-large again.”