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'Starving' inmate seeks state term

By DEN MCLAUGHLIN

dmclaughlin@tnonline.comAn inmate in the Carbon County Correctional Facility asked a judge on Tuesday to change his sentence from a county term to a state term because he is "starving" at the county jail.Larry J. Moser Jr., 35, of Lehighton, appeared before Judge Steven R. Serfass to be sentenced in three pending cases.He previously pleaded guilty in the cases to charges of simple assault, unsworn falsification to authorities, and possession of drug paraphernalia.After Serfass sentenced him to a total prison term of one day less 12 to one day less 24 months in the county prison, followed by 36 months of county probation, Moser asked Serfass to make the prison term in a state correctional institution.Moser told Serfass, "I'm starving. I lost 35 pounds since I've been in the (county) prison."He claimed he lost the weight because of the prison food.Serfass responded, "Let me understand this. You want to go to a state prison?"Moser said he did.Serfass said, "I can do that."Serfass then amended the sentence to be 12 to 24 months in a state prison followed by 36 months of state probation.Moser had pleaded to the simple assault count for an incident on April 26, 2013, in the trestle area along the Lehigh River in Lehighton. Moser admitted stabbing Michael Taschler in the shoulder with a knife. Moser said there was a prior incident with him and Taschler that led to the new incident.The unsworn falsification charge occurred on Aug. 9, 2013, in Summit Hill. He was involved in a crash and ran away, leaving his vehicle behind. When police confronted him he first claimed that his car had been stolen and he wasn't driving. He later admitted being involved in the crash.The drug count stems from a Nov. 22, 2013, incident in the parking lot of the Rite Aid pharmacy in Lehighton. State police were in the area responding to a report of suspicious activity. Police found Moser in the area and in possession of drug paraphernalia.Moser was scheduled to be sentenced last December.Moser appeared in Serfass' courtroom early, even before his attorney, Kent Watkins, of Saint Clair, had arrived. He and Watkins spoke briefly about the case, because Watkins said Moser had issues with some of the aspects of the charges.At some point between the conversation and his scheduled appearance before Serfass, Moser left the courthouse and vanished. A bench warrant was issued for his arrest.He was eventually found out-of-state and was brought back to Pennsylvania and has been in the county prison ever since.Moser also claimed that a plea agreement he had with the district attorney's office recommended the sentences in the three matters would run concurrent. Serfass read the plea stipulation and noted there was no mention of concurrent sentences.In addition to the jail term Serfass ordered Moser to get a mental health evaluation and follow any recommendation for treatment, zero tolerance imposed on drug and alcohol use, pay court costs of about $1,000, and when released on parole render a total of 200 hours of community service.He was given credit for 174 days already spent in jail on the charges.

Moser