Appellate court denies appeal of state inmate who wanted television back

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A television was the bargaining chip as the reason why a state inmate pled guilty to sucker punching a corrections officer inside the State Correctional Institution at Dallas.

When the television was not returned, the inmate wanted to withdraw his guilty plea.

The Pennsylvania Superior Court denied an appeal by Andrew Nathaniel Bingham, 38, who wanted to withdraw his guilty plea on an aggravated assault charge for punching the corrections officer on Nov. 19, 2019.

State police at Wilkes-Barre in court records say two corrections officer were escorting Bingham to a hearing for a misconduct violation. Bingham slipped his right hand out of handcuffs and punched a corrections officer in the head, court records say.

Bingham was pinned against a wall and struggled with the two corrections officers before he was able to be resecured in handcuffs.

The two corrections officers sustained injuries.

Bingham pled guilty to aggravated assault under the belief he would get his television returned to him. When the TV was not given back, Bingham wanted to withdraw his guilty plea.

Luzerne County Judge David W. Lupas denied Bingham’s request sentencing him to 30 months to five years in state prison on Dec. 16, 2021.

Bingham filed an appeal with the Superior Court.

A three-member panel of the Superior Court denied Bingham’s appeal last week.

“Bingham’s written plea agreement does not at all reference that his television would be returned as a condition of his plea. Both the Commonwealth and the trial court stressed to him that the trial court did not have the authority to direct the (Pennsylvania) Department of Corrections to return Bingham’s television to him while he was still serving his prison term,” the appellate court wrote in their denial.

Bingham is serving a state prison sentence for a burglary conviction in Chester County.





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