Carpenter’s 160-year prison sentence upheld by appeals court
Convicted child rapist Darvin Carpenter’s 160-year prison sentence has been upheld by the state Superior Court, but conditions for his theoretical release were struck down.
Carpenter, 54, incarcerated at SCI-Rockview, was sentenced in McKean County Court in December 2023 to an aggregate term of 160 to 230 years in state prison, followed by three years of probation with conditions — no contact with the victims, a drug and alcohol evaluation and to follow through with treatment. He was also ruled a sexually violent predator with lifetime registration requirements.
Carpenter filed an appeal, challenging the legality of the sentence. The probationary portion of the sentence was illegal, the appeal stated, arguing that the sentencing judge, who was President Judge John Pavlock, had no authority to impose conditions on the probation. Because his sentence was greater than two years in length, the probationary portion is under the purview of the state Board of Probation and Parole, his attorney, Joseph Ryan of Reynoldsville, argued.
Therefore, that renders his sentence as illegal
The state Superior Court ruled that the conditions set by the trial court for the probationary portion of the sentence were without authority, and would be under the purview of the state Board of Probation and Parole. However, they ruled that their decision did not impact the length of incarceration, and upheld the sentence of 160 to 230 years, the memorandum indicated.
Under Pennsylvania law, an inmate has no right to parole, and can only be released on parole after the completion of their minimum sentence date.
Should Carpenter’s sentence continue to stand, he would not be eligible for release until the year 2183, seemingly making the appeal a moot point.