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Erie man sent to state prison

An Erie man is headed to state prison on DUI and possession charges.

Brandon R. Teslovich, currently incarcerated at SCI Albion, will spend over two years in state prison as a result of a sentence handed down on Tuesday by Judge Gregory Hammond.

Prior to sentencing, there were technical legal arguments regarding the kind of driving under a suspended license charge that Teslovich pled guilty to. The difference is a 90-day jail term verses six months.

During that discussion, it was noted that this would be the sixth occasion for which Teslovich was caught driving without a license. Assistant District Attorney Tatiana Malys prior incidents took place in 2017, twice in 2018 and twice in 2019.

Teslovich, currently in state prison, is there on a probation violation hit, Rob Kinnear, his counsel, said.

Online court records show that he was convicted of robbery in Erie County — a Superior Court order notes that Teslovich committed two “strong-arm robberies” in April 2012 — and given roughly a two year to 10 year sentence.

Kinnear said his client’s record “speaks for itself” while Malys addressed his “need” for drug and alcohol treatment.

Teslovich told Hammond he has an opiate problem but not a drinking problem and said these charges are the result of a “short relapse.

“I do understand I put myself in front of you,” he said. “The mistakes I made are not the only person I am.”

Hammond, citing his high prior record score, said Teslovich has prior convictions for robbery, numerous retail thefts, drugs and DUI.

He said Teslovich has a “pretty steady string” of involvement with law enforcement.

Hammond then handed down the sentence: 12 months to five years incarceration in state prison, $1,650 in fines and fees, participation in the alcohol highway safety school and victim impact panel programs, an 18 month license suspension and boot camp eligibility but not recidivism risk reduction incentive eligibility on a count of DUI: Controlled substance — Schedule II or III — first offense as well as 90 days incarceration a $1,000 fine and a 12-month license suspension on a count of driving while BAC .02 or greater while license suspended. He was also fined a total of $70 on a count of careless driving.

At a second docket, Teslovich was sentenced to 11 to 22 months incarceration to be served consecutively with credit for five days time served and $1,500 in fines and fees on a count of possession of a controlled substance and three to 10 months incarceration and a $300 fine on a count of possession of drug paraphernalia.

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