Appeals court denies withdrawal of plea for Fayette County man
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The Twelfth District Court of Appeals denied a man's attempt to withdraw the guilty plea he made in 2005 to a Fayette County felony charge of trafficking in drugs.
According to the court's decision, Robert L. McMahon asked the Fayette County Common Pleas Court to allow him to withdraw his guilty plea by arguing that several errors were made in 2005 and for that reason his guilty plea was not voluntarily made at that time. The Fayette County trial court denied
McMahon's motion and he appealed.
Writing for a unanimous court, Judge Stephen W. Powell held that the trial court's decision on McMahon's motion would stand because McMahon failed to show that any of the errors alleged would require that McMahon be permitted to withdraw his plea.
The appeals court, however, returned the case to the trial court for resentencing. Presiding Judge William W. Young and Judge H.J. Bressler concurred in the opinion. The decision of the Twelfth District Court of Appeals denied McMahon's attempt to withdraw his 2005 guilty plea, but returned the case for resentencing.
The Twelfth District Court of Appeals denied a man's attempt to withdraw the guilty plea he made in 2005 to a Fayette County felony charge of trafficking in drugs.
According to the court's decision, Robert L. McMahon asked the Fayette County Common Pleas Court to allow him to withdraw his guilty plea by arguing that several errors were made in 2005 and for that reason his guilty plea was not voluntarily made at that time. The Fayette County trial court denied
McMahon's motion and he appealed.
Writing for a unanimous court, Judge Stephen W. Powell held that the trial court's decision on McMahon's motion would stand because McMahon failed to show that any of the errors alleged would require that McMahon be permitted to withdraw his plea.
The appeals court, however, returned the case to the trial court for resentencing. Presiding Judge William W. Young and Judge H.J. Bressler concurred in the opinion. The decision of the Twelfth District Court of Appeals denied McMahon's attempt to withdraw his 2005 guilty plea, but returned the case for resentencing.
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