McIntosh was sentenced to 11 1/2 to 23 months of house arrest in March 2005, which he served while the prosecution appealed that sentence on the grounds that it was too lenient. The Pennsylvania Superior Court vacated that sentence in November 2006, and McIntosh was sentenced last week to 3 1/2 to seven years in prison.
Joel Trigiani, McIntosh's attorney, said at last week's sentencing that McIntosh intends to appeal.
But if the sentence remains in force, McIntosh will have to serve the full term, said Penn Law professor Paul Robinson.
"Certainly emotionally it's a bit of a rollercoaster" for McIntosh, who may have thought he was done with his punishment, Robinson said.
"But as a purely legal matter," the fact that McIntosh already served the now-vacated sentence "is not going to have an effect" on his current sentence, Robinson added.
Philadelphia criminal defense attorney Patrick Artur agreed, saying, "I do not believe any of that previous sentence will affect the new sentence. He will not be credited."
State guidelines call for three to six years in prison for the type of assault McIntosh committed.
Experts said McIntosh's probable appeal is likely to contest Dembe's denial of McIntosh's motion to withdraw his no-contest plea and plead innocent, continuing to a jury trial.
Since McIntosh's original sentence was vacated - that is, voided - by the Superior Court, he was technically without a sentence between the Superior Court's decision and the Feb. 13 hearing.
Therefore, it's as if his original sentence and subsequent fulfillment of that sentence never happened, and his appeal will be entirely based on his latest sentencing.
McIntosh has 30 days from the date of sentencing to file motions for appeal.Comments powered by Disqus
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