Monday, November 5, 2012

Trial court erred in vacating plea (11 5 12)

Usually it is the defendant who tries to vacate his plea. But in case out of Belmont County, the defendant appealed when the trial judge vacated his plea. The defendant benefitted from a plea deal with the State which knocked a third degree felony to a fourth degree felony. Once the trial judge became aware that the victim and her family were not happy about the plea (or misunderstood the effect of the plea), the trial judge vacated the plea. The defendant appealed trying to get the plea reinstated. The Seventh District Court of Appeals agreed the plea should be reinstated since the trial judge had already accepted the plea and there was no authority in the law for the judge to vacate a plea they already accepted (not to mention it brought up Double Jeopardy concerns). State v. Heslop, 2012-Ohio-5118.

Contact me if you need a Dayton criminal defense lawyer for your appeal or other post-conviction matter by going to my Web site www.robertalanbrenner.com and filling in the "contact me" form.  Visit www.ohiocriminaltriallawyer.com if you need an experienced Dayton Criminal Defense Lawyer to represent you in the trial court.


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