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Our Opinion: Safely discard pills from your house during Prescription Drug Take-Back Day

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Luzerne County benefits from grants given by Williams

<p>WILKES-BARRE &#8212; A county judge on Thursday denied the appeal of a man convicted of causing a high-speed wreck in 2012 that killed an 84-year-old woman.</p><p>Theodore Luciw, 54, pleaded guilty in February 2013 to homicide by vehicle while driving under the influence after colliding head-on with a car driven by Rachel Wolfe. Luciw was traveling at a high rate of speed on Jan. 4, 2012, when he crashed into Wolfe&#8217;s car while trying to pass another vehicle in the turn only lane on Route 11 in Salem Township.</p><p>Luciw, of Berwick, had a blood-alcohol level of 0.263 percent, more than three times the legal limit, police said.</p><p>On April 1, 2013, Luciw was sentenced to five to 10 years in state prison, but later filed an appeal under the state&#8217;s Post-Conviction Relief Act alleging ineffective counsel.</p><p>Appearing via video conference Thursday from State Correctional Institution Pittsburgh, Luciw testified he understood at the time that his sentence would be much lower, based primarily on assurances he claimed to receive from Demetrius Fannick, his attorney at the time.</p><p>Assistant District Attorney Thomas Hogans argued no such promise was made.</p><p>&#8220;He assured you he would ask for a three to six year sentence, not that he would absolutely get it,&#8221; Hogans said.</p><p>Fannick testified he never promised such a sentence. The attorney further stated he discussed the minimum and maximum sentencing ranges with Luciw and advised him of the sentencing guidelines, explaining the decision ultimately rested with the court.</p><p>&#8220;Some defendants tend to fixate on the best case scenario,&#8221; Fannick said. &#8220;He perhaps thought that&#8217;s all the district attorney&#8217;s office was going to ask for. I really don&#8217;t know his thought process other than a three to six (year) mandatory sentence was set forth in writing in the plea agreement.&#8221;</p><p>Luciw, however, testified Fannick seemed shocked at the result.</p><p>&#8220;After the sentence, he looked at me dumbfounded,&#8221; Luciw said. &#8220;I&#8217;m looking at him like, &#8216;Are you going to say anything?&#8217;&#8221;</p><p>Luciw&#8217;s court-appointed counsel, Jeffrey A. Yelen, argued Fannick&#8217;s alleged demeanor following the court&#8217;s ruling indicated he wasn&#8217;t expecting a five to 10 year sentence, either.</p><p>&#8220;I don&#8217;t doubt Fannick knew the possibilities,&#8221; Yelen argued. &#8220;The fact is, what did he relay to the defendant and what did (Luciw) believe when he pleaded guilty?&#8221;</p><p>After just under a half hour of testimony, Luzerne County Judge David W. Lupas denied Luciw&#8217;s motion for post-conviction relief.</p><p>&#8220;It is clear from the court&#8217;s review of the record in this case the defendant was never promised any sentence,&#8221; Lupas said, adding the record showed there was &#8220;clearly and unequivocally&#8221; no agreement on a sentence.</p><p>Luciw has 30 days to appeal the judge&#8217;s ruling.</p><style>
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<div class="metaInfo"><bylineMeta><p>By Joe Dolinsky</p><p>jdolinsky@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Joe Dolinsky at 570-991-6110 or on Twitter @JoeDolinskyTL</p></shirttailMeta></div>

Judge denies appeal of driver in fatal 2012 DUI crash