SMETHPORT — A man was sentenced Friday in McKean County Court to two to four years in state prison for a felony theft conviction.

Richard B. Dinch Sr., 57, was found guilty by a jury of a charge of theft by unlawful taking and not guilty of a charge of theft by deception. He will also pay restitution of $2,500.

Court records filed at the time Dinch was first arrested alleged that he accepted $2,500 to replace a roof in Smethport but failed to perform the work.

Prior to giving the sentence, Morgan denied an oral motion for extraordinary relief by Dinch’s attorney, Stephanie Smith. Through the motion, she asked for a judgement of acquittal in the case.

Smith argued that a theft by unlawful taking charges indicates a “non-consensual transfer of property”; however, the alleged victim “intended for Mr. Dinch to actually receive” the check he mailed to Dinch.

Assistant District Attorney Jerry Grill argued that theft by unlawful taking can also include someone who “exercises unlawful control” over property.

Morgan denied the motion for extraordinary relief, as well as a motion to let Dinch out on bail pending an appeal.