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Former Carbon Co. resident resentenced

Published October 05. 2009 02:55PM

A former Carbon County resident, currently serving a state prison term for home invasion incident involving a Palmerton doctor, was resentenced Thursday afternoon in Carbon County court.

Fernando Velez II, 29, formerly of Blakeslee, appeared before Senior Judge Richard W. Webb for resentencing on charges of burglary, robbery, unlawful restraint and other counts. He had been convicted by a county jury of 16 criminal counts for his part in a home invasion incident on Oct. 16, 2002. The home of Dr. John and Mrs. Joan Nicholson was entered by three suspects. At the time Velez was called the "ring leader" by police.

He was originally sentenced by Webb to serve six and a half to 16 years in a state prison on the 16 counts.

Velez filed an appeal of the conviction, then an appeal under the post conviction act, seeking the jury verdict be thrown out and a new trial be held. He also challenged the sentence imposed. All the appeals were denied on the county and state level. However, the court did agree that an improper sentence was imposed on two of the counts. That led to yesterday's hearing.

Webb resentenced him to serve five and a half to 16 years.

Velez has a right to appeal the new sentence.

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