A former Carbon County resident was sentenced to a state prison term on Monday on four counts of driving under the influence, a drug dealing charge and theft.

President Judge Roger N. Nanovic II rejected a plea from the defendant, his attorney and family members to impose a time-served sentence or one in the county prison, saying the plea bargain James V. Kutchera Jr., 29, of Philadelphia, signed with the commonwealth called for a state prison term.Nanovic imposed a total term of two to 12 years on the four DUIs and one count each of possession with intent to deliver a controlled substance and theft. Kutchera, who previously entered pleas to the charges, formerly lived in Lehighton and Jim Thorpe.Kutchera spent an extended period of time in a Salvation Army inpatient drug rehabilitation program in Philadelphia followed by a period in a halfway house setting. He also had time spent in another rehab program.Nanovic said he would give him credit for the time spent in the inpatient program but not for time spent in a halfway house, which his attorney, Adam Weaver, requested. Nanovic said the halfway house placement had no restrictions on him leaving when he wanted to and returning to the house. He said credit is given when a person is in a facility which he cannot leave without permission.Nanovic also said he would have considered a county sentence but was bound by the stipulation signed by Kutchera and the district attorney's office.Nanovic said, "I don't think I have the authority to tell the commonwealth not to follow what it agreed to."Nanovic then asked assistant District Attorney Cynthia Ann Dyrda Hatton if the commonwealth would agree to Weaver's request to deviate from the plea bargain.Hatton declined. She said she recognizes the efforts made by Kutchera in addressing his heroin addiction but she could not ignore the fact that he pleaded to four DUI charges, which she said, "put citizens in jeopardy." She also said he was caught selling drugs on the street.Testifying at the hour and 25 minute hearing were family members of Kutchera including his mother, sister, his girlfriend and two people who he works with in the Philadelphia area. All noted the strides he made in addressing his addiction problem.Kutchera told the court he had a long battle with drug addiction, stating, "I guess I never woke up." He said his addiction was "horrible" and that he lost all his "morals and values" due to it.He said the Salvation Army program got him free of the addiction and "made a change in my heart." He said he never wants to use drugs again.On the DUI counts Kutchera was ordered to pay total fines of $6,000 and his license was suspended for a total of 72 months. He must also supply a DNA sample, pay restitution in the theft case of $28.05, and pay court costs of about $1,000. He was given credit for 318 days.He will begin the jail term at 7 p.m. Aug. 15.Kutchera was charged with drunken driving on Jan. 11, 2014, in Jim Thorpe; Nov. 21, 2013, in Palmerton by state police at Lehighton; Sept. 14, 2013, in Nesquehoning; and Nov. 14, 2014, in Jim Thorpe. In each case a test revealed the presence of a controlled substance.He was charged with the drug count for an incident on Jan. 30, 2014, in Lansford. Police responded to a report of an assault and the victim was taken to St. Luke's Miners Campus in Coaldale. The investigation revealed that Kutchera was in the area of West Patterson Street to conduct a drug sale with others. An argument developed between the buyers and Kutchera who was then assaulted. He was selling heroin to the others.The ones involved in the assault were also charged.The theft occurred on Nov. 22, 2013, when he took a utility trailer from a Lehighton residence. He later returned the trailer.