Guilty Pleas and 40 Year Sentence Reversed

February 13, 2009
By Robert Alan Brenner on February 13, 2009 9:56 AM |

After a defendant in Greene County (county court located in Xenia, Ohio) pleaded guilty to several counts of rape and gross sexual Thumbnail image for Justia Greene County Courthouse.jpgimposition, he was sentenced to 40 years in prison.  But the defendant was not informed that he faced mandatory prison time before he pleaded guilty.  Instead, he was informed that he would be eligible for community control sanctions if he was granted judicial release.  Since the defendant was not eligible for judicial release while serving time for the rape charges which carried mandatory prison time, Ohio's Second District Court of Appeals reversed the plea and sentence and remanded the case to the trial court as you can read by clicking here.

On remand, this defendant had his sentence cut in half as you can read here or here.