driver's license

(dmv.pa.gov)

Randy Stallsmith might have a lucky number, but it certainly isn't 22.



That's how many times the 49-year-old Erie County man has been caught driving while under license suspension.



Even though he claims the punishment is excessive, a state Superior Court panel has upheld the 3- to 6-month prison term Stallsmith is serving for offense No. 22.



His own incorrigibility sank his appeal, Judge Carl A. Solano noted in the state court's recent opinion.



Stallsmith appealed to the Superior Court not because he believes his prison sentence is too long, but because the county judge who imposed it wouldn't allow him to serve his time on work-release.



Stallsmith's latest law-breaking occurred in November 2015. He pleaded guilty to the no-license charge, but had no sentencing deal with the DA.



County Judge John Garhart cited Stallsmith's long history of driving without a license in refusing to temper his prison term with work-release.



On appeal, Stallsmith argued that "he should have received a lighter sentence since he took responsibility for his actions (and) expressed remorse," Solano wrote. Instead, Solano agreed with Garhart's conclusion that, with 22 license offenses already on his record, Stallsmith "provided no indication that his aberrant conduct would cease."



