SUNBURY - A 21-year-old Mount Carmel man, who was sentenced earlier this year for making an obscene gesture in front of two young girls in Coal Township in late September, may now seek a trial on charges after the sentence was vacated because of a discrepancy in the grading of the offenses to which he pleaded guilty in April.
Rudy M. Huhn pleaded guilty in November to first-degree misdemeanors of obscene and other sexual materials and unlawful contact with a minor and was sentenced by Northumberland County Judge Charles Saylor on April 9 to two years supervised probation, with the first three months being served on house arrest. He also was ordered to pay a $25 fine plus costs.
But on April 30, Saylor granted Huhn's motion to withdraw his guilty plea and vacate the sentence after it was revealed that the charges Huhn pleaded guilty to were actually felonies of the third degree instead of misdemeanors. The judge also vacated the requirement for Huhn to register under Megan's Law.
The discrepancy in the grading of the charges was reportedly overlooked by the attorneys and police involved in the case. Huhn filed his motion to withdraw his plea because the defendant thought he was pleading guilty to misdemeanors rather than felonies. Under Pennsylvania law, Saylor was forced to vacate the sentence and grant Huhn an opportunity to seek a trial or negotiate another plea agreement with the commonwealth.
Trial continued
Huhn was scheduled for trial July 12, but during a pre-trial conference Friday afternoon before President Judge Robert B. Sacavage, the trial was tentatively continued until August due to a scheduling conflict with the court next week.
Huhn is represented by Northumberland County Public Defender Michael Romance. First Assistant District Attorney Ann Targonski is prosecuting the case.
At his April 9 sentencing, Huhn was ordered by Saylor to avoid all contact with the two victims. The defendant, who was deemed not to be a sexually violent predator, also was required to register with state police for 10 years after completing his sentence and provide all required information for each registration, including verification of his residence and compliance with counseling.
Additional charges of corruption of minors and disorderly conduct were not prosecuted at the time of the April 9 sentencing.
Huhn was charged by Coal Township Detective Jeff Brennan with rubbing his genitals, with his pants still on, against a fence post in front of two girls, ages 10 and 11, on Sept. 29 at a playground near the Ferndale ballfield.
During an interview with police, Huhn admitted he intentionally stopped at the playground to watch the children. He also told police that he wanted the girls to see him rubbing his genitals.