Appeals court upholds conviction on rape, kidnapping charges
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The Twelfth District Court of Appeals upheld a Clinton County court's decision to deny a man's attempt to withdraw his no contest plea more than eight years after he was convicted of rape, aggravated burglary, kidnapping, and possession of criminal tools.
Charles William Carter entered a plea in 2002 in Clinton County Common Pleas Court, according to a decision released this week by the court. He was convicted and sentenced to prison. Carter moved to withdraw his plea in 2010, arguing that evidence about his arrest was withheld by the prosecutor. The trial court denied his motion to withdraw his plea, and Carter appealed. Carter also appealed his original prison sentence.
Writing for a unanimous court, Presiding Judge Stephen W. Powell held that Carter could not raise issues that were previously addressed or could have been raised previously, and Carter failed to show that he should be permitted to withdraw his plea. Judge Robert P. Ringland and Judge Robert A. Hendrickson concurred in the opinion.
The decision of the Twelfth District Court of Appeals denied Carter's attempt to reduce his prison sentence and to withdraw his no contest plea.
The Twelfth District Court of Appeals upheld a Clinton County court's decision to deny a man's attempt to withdraw his no contest plea more than eight years after he was convicted of rape, aggravated burglary, kidnapping, and possession of criminal tools.
Charles William Carter entered a plea in 2002 in Clinton County Common Pleas Court, according to a decision released this week by the court. He was convicted and sentenced to prison. Carter moved to withdraw his plea in 2010, arguing that evidence about his arrest was withheld by the prosecutor. The trial court denied his motion to withdraw his plea, and Carter appealed. Carter also appealed his original prison sentence.
Writing for a unanimous court, Presiding Judge Stephen W. Powell held that Carter could not raise issues that were previously addressed or could have been raised previously, and Carter failed to show that he should be permitted to withdraw his plea. Judge Robert P. Ringland and Judge Robert A. Hendrickson concurred in the opinion.
The decision of the Twelfth District Court of Appeals denied Carter's attempt to reduce his prison sentence and to withdraw his no contest plea.
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