Trending
WARREN -- An appeals court has upheld the conviction and sentence of a woman convicted in connection to a March 2022 robbery at the Menards home improvement store in Bazetta.
Pamela Lorraine, 40, pleaded guilty to robbery Feb. 27, 2023, and was sentenced to 30 months in prison.
In her appeal, she claimed ineffective assistance of counsel and errors in sentencing.However, the Eleventh District Court of Appeals on Monday denied her appeal.
The court in a 12-page decision written by Judge Robert J. Patton stated Lorraine's guilty plea waived her right to challenge the conviction's merits, including whether there was sufficient evidence. In addition, her claim of ineffective assistance of counsel was dismissed as it did not demonstrate that her plea was not given knowingly and voluntarily, the decision states.
On the sentencing appeal, Lorraine argued her near-maximum term of imprisonment was unjust, especially compared to her son's probation for the same offense. However, the appeals court stated it could not modify a sentence unless it was contrary to law. The trial court's decision to impose the sentence fell within the statutory range for the offense and considered relevant factors, including Lorraine's criminal history and likelihood of reoffending.
Lorraine also contested a portion of her sentence that prohibited her from participating in programs designed to shorten her prison term. While the appeals court found this restriction to be inconsistent with state law, it noted the trial court told Lorraine of the possibility of earning credits toward her sentence during the sentencing hearing.
The appeals court affirmed the sentence, but sent the case back to the trial court to correct the sentencing entry to reflect this information accurately.
The events leading to the arrest of Lorraine and her son unfolded March 5, 2022, when a Bazetta police officer was informed by security personnel at Menards about a man and a woman who had attempted to leave without paying for merchandise they had concealed the previous night.
According to the police report, when confronted, the woman did not cooperate with security. As one of the employees attempted to retrieve a stolen item from her purse, she pushed him away. The situation escalated when the man accompanying her punched the security guard behind the ear.
The stolen merchandise was valued at $160, with security footage and photographs of the people captured as evidence. Anonymous tips led police to identify the possible suspects involved in the incident.
Patton was joined in his decision by Judges Eugene A. Lucci and John E. Eklund.