A Tamaqua man was ruled not eligible for a special state prison probation program and will have to do time inside its confinements.

Damian W. Shoff, 29, of 327 Owl Creek Road, was sentenced Thursday in the Schuylkill County court by President Judge William E. Baldwin to serve one to two years in a state correctional institution and when released to be on probation for five years and pay all the costs.

Last Nov. 24 Shoff pleaded guilty to three counts each of delivery of a controlled substance, possession with intent to deliver a controlled substance, criminal use of a communication facility, possession of a controlled substance, and one count of aggravated assault. Baldwin deferred sentence and sent Shott to a state correctional institution to be evaluated if he was eligible for the state's Immediate Punishment Program (IPP) which would have allowed him to be committed to rehab centers for treatment of a drug problem.

When the state ruled he was not eligible Shott was returned to the county prison Wednesday afternoon and appeared the next morning for sentencing. Shott expressed disappointment in not being admitted in the program. He told the judge he wanted to overcome a drug problem so that he could resume his education in business administration.

Shott was first cited on Oct. 31, 2008, by Patrolman Anthony Stanell, Tamaqua poice, and twice by Cpl. Duane Frederick, Rush Township police, the first time on Feb. 27, 2009, and the second time on March 13, 2009, on charges dealling with illegal drugs.

The aggravated assault charge was brought against him by Trooper James R. Culvey on March 30, 2009, after the car he was operating left the Cold Run Road in East Brunswick Township and struck a tree.