Man resentenced to state prison in appeal
A former Lyndora man who appealed a probation violation sentence of up to eight years in prison was resentenced in Butler County Court on Monday to a clarified sentence of the same amount of time.
Edward A. Lane, 38, was sentenced Monday to 1 to 8 years in state prison for the parole violation by Judge Timothy McCune.
Lane was previously sentenced on the probation violation on Dec. 5, 2016, following the revocation of his probation, which he appealed to the state Superior Court.
On Sept. 22, 2009, Lane pleaded guilty to two counts each of indecent assault and corruption of minors, and was sentenced to 5 to 10 years in state prison, followed by 6 years of probation on Dec. 23, 2009.
After serving that five years, he was paroled on June 8, 2014. As part of that parole, he was ordered to have no contact with anyone under the age of 18, or be anywhere where people under the age of 18 gather, without written approval by probation supervision staff.
On Oct. 21, 2016, a parole detainer was lodged against Lane, alleging that he had contact with a person under that age of 18 and was present at an elementary school. He was detained pending a hearing, and on Dec. 5, 2016, during that revocation hearing, he admitted the violation and the court revoked his probation and resentenced him to 1 to 8 years of incarceration.
Two days later Lane filed a postsentence motion to modify the sentence, which was denied on Feb. 6, 2017. He appealed that decision to the Superior Court on the grounds that the sentence exceeds the statutory maximum for each count.
“Lane asserts that the trial court improperly sentenced him to 1 to 8 years' incarceration on each conviction, which is greater than the 5-year maximum sentence for first-degree misdemeanors,” the Superior Court decision states.
The sentencing order issued by McCune after Lane's parole violation did not tie the sentence imposed to any particular conviction, “and as set out in the docket exceeds the maximum for each of Lane's convictions,” the decision states.
The sentence was then vacated and the case remanded back to Butler County for resentencing.
Assistant District Attorney Mark Lope said Lane was sentenced Monday to a 3- to 24-month sentence on each count, each running consecutively and totaling 1 to 8 years.
He said the case will now be sent back to the Superior Court, as it is still an active appeal, “to determine the merit of that appeal.”
Lane was charged by Butler Township police after allegations that he sexually assaulted a then 13-year-old girl multiple times between July 2006 and February 2009.
Lane, according to court records, gave the girl a cell phone so he could send her sexually explicit text and picture messages. The girl reported that she responded with her own sexually explicit messages.
He initially also faced charges of involuntary deviate sexual intercourse, statutory sexual assault, aggravated indecent assault and indecent exposure. Those charges were dismissed as part of a plea agreement.
Due to the convictions, Lane was mandated to register as a sexual offender for his lifetime.
