A former Pine Grove man must remain behind state prison bars, as the state Supreme Court has refused to hear his appeal of his sentence on animal cruelty and drug charges.
In a one-sentence order filed Tuesday in Pottsville, the court declined to hear the appeal of Andy J. Oxenrider, 40, of Lebanon.
The court's order contained no explanation of why it declined to hear Oxenrider's appeal.
As a result, Oxenrider must remain at State Correctional Institution/Fayette, where he is serving a sentence of four to eight years for violating the terms of his probation and parole on the charges stemming from his operation with his then-girlfriend of an animal shelter in Pine Grove Township.
Oxenrider originally pleaded guilty Feb. 17, 2010, to 117 counts of cruelty to animals, nine of possession of a controlled substance and one of conspiracy. Prosecutors dropped 11 counts of possession of a controlled substance and one of bribery.
At the time he accepted Oxenrider's guilty plea, Judge Cyrus Palmer Dolbin sentenced him to time served to 23 months in prison with immediate parole, and 12 months concurrent probation.
Dolbin also sentenced him to pay costs, $800 in fines and $1,360 restitution, perform 50 hours community service and agree not to possess any animals for 10 years.
Dolbin ruled on Aug. 31, 2010, that Oxenrider violated his probation and parole by possessing cats and ferrets at 65 Tremont Road, Pine Grove Township, and resentenced him to four to eight years in a state correctional institution.
Pine Grove police charged Oxenrider and Virginia E. Justiniano-Kresge, 52, of Harrisburg, also formerly of Pine Grove, with mistreating cats, geese, chickens, ferrets and deer on Jan. 24, 2009, at the Cats With No Name animal sanctuary. They also alleged Oxenrider possessed cocaine, methamphetamine and prescription drugs on that same date.
On June 8, 2011, Oxenrider pleaded no contest to charges of possession of a small amount of marijuana and possession of drug paraphernalia arising from the 65 Tremont Road incident, with prosecutors dropping seven animal cruelty charges.
Judge John E. Domalakes accepted Oxenrider's plea and sentenced him to pay costs and $50 to the Criminal Justice Enhancement Account and spend 12 months on probation, which he made concurrent to the defendant's current sentence.
Justiniano-Kresge pleaded guilty May 18, 2010, to seven counts of cruelty to animals and one each of possession of a small amount of marijuana and possession of drug paraphernalia in connection with the 65 Tremont Road incident. President Judge William E. Baldwin accepted her plea and placed her on 12 months probation.
Justiniano-Kresge received a sentence of two to six years in a state correctional institution for her role in the Cats With No Name shelter.