A Summit Hill man’s latest appeal of his conviction of arson charges has been denied in a 24-page memorandum opinion handed down by a county judge.

Frank Duane Swartz, 49, was convicted on Dec. 13, 2011, following a trial in the county court of 14 counts of arson endangering persons, 15 counts each of risking a catastrophe and maliciously setting or causing a fire and one count of arson endangering property.On Jan. 30, 2012, he was sentenced by President Judge Roger N. Nanovic II to serve a total of 18 to 36 years in a state correctional institution. He filed a post-sentence motion challenging the verdict which was denied by Nanovic.He then appealed his conviction directly to the Superior Court of Pennsylvania. On May 24, 2013, the Superior Court denied his appeal. He did not file an appeal with the Supreme Court of Pennsylvania.Last year Swartz filed a Post-Conviction Relief Act appeal seeking a reversal of his conviction claiming three things: his trial counsel was ineffective for not objecting to a witness’s allegedly prejudicial comments at trial; not presenting evidence to corroborate his testimony that he was interrogated by the police before being advised of his Miranda rights; and not advising him to accept a proffered plea agreement rather than proceed to trial.Nanovic dismissed the claims as being “without merit.”Swartz was charged with setting fires during a span of March 17, 2008, until April 18, 2008. A total of 16 brush fires were intentionally set in three adjoining municipalities in Carbon County — Lower Towamensing and Franklin townships and Parryville borough. Police found 31 incendiary devices — consisting of a lit cigarette inserted in a matchbook, held together with a rubber band — at these sites. Forensic testing of three of the devices revealed a DNA profile recovered from the cigarette filter matching that of Swartz.On Nov. 24, 2008, police executed a search warrant at Swartz’s home. He was not home at the time but did return later in the day.Police told Swartz of the search and that they found items tied to the fires. They then asked Swartz for a DNA sample and to speak to him. Swartz agreed to speak to them at the Summit Hill police station. He was given his Miranda warnings and spoke to the police.During the interview Swartz confessed in both oral and written statements, to having set 16 of the 19 fires.His attorney filed a motion to suppress his statements but that motion was denied in an order by Nanovic.On Jan. 8, 2010, Swartz pleaded guilty to all charges in a plea bargain with the district attorney’s office. That plea agreement called for a state prison sentence of 4 to 8 years be imposed.On Feb. 25, 2010, Swartz filed a “pro se” motion seeking to withdraw his guilty plea. The motion was made on his own.At the time his attorney, Paul Levy of the public defender’s office, represented him. After the filing Levy moved to withdraw as counsel on the basis of “irreconcilable differences” with Swartz. That motion to withdraw his plea was granted by Nanovic.Attorney Michael P. Gough was then appointed by the court to represent Swartz. Gough was Swartz’s trial attorney.After reviewing the case history and the challenges made by Swartz in his latest appeal, and the appropriate law, Nanovic concluded, “The benchmark of judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.”Nanovic added, “This goal of a just result encompasses not only the fairness and reliability of the trial, but also the ‘fairness and regularity of the processes that preceded it, which caused the defendant to lose benefits he would have received in the ordinary course but for counsel’s ineffective assistance.”The judge added, “Against this standard, we find that no act or omission of counsel rendered defendant’s decision to have his case tried an uninformed decision or that the verdict which followed was unreliable. Therefore, defendant’s amended PCRA petition will be denied.”Swartz was represented in his latest appeal by attorney Robert S. Frycklund, also court-appointed. Swartz can appeal Nanovic’s decision to the Superior Court.Swartz is currently an inmate at the state correctional institution at Waynesburg, Greene County.