Man tries to withdraw guilty plea
Asks for appeal
A motion to withdraw a Kitts Hill man’s guilty plea was denied by the judge Wednesday in Lawrence County Common Pleas Court.
Steven R. Triplett, of 9669 State Route 141, Kitts Hill, represented by attorney David Reid Dillon, asked that new evidence be considered in his case, even though Triplett had already been resentenced Oct. 14 because of the Ohio Fourth District Court of Appeals’ ruling that the judge should have told him he shall, not may, serve probation following his release from prison.
Assistant prosecuting attorney Mack Anderson said Triplett had time to present any evidence in his case before sentencing and he knowingly filled out and signed his plea of guilty form.
Dillon countered that he was not appointed to Triplett during the original case and had no first-hand knowledge of the evidence.
Triplett claimed his original counsel was “ineffective” and he was “rushed” into taking a guilty plea.
Judge Charles Cooper advised Triplett that it would be difficult to withdraw a guilty plea orally and on the spur of the moment and denied the motion, saying he would still be able to file that motion properly. Triplett advised he wanted to appeal.
Triplett originally pleaded guilty to aggravated robbery and aggravated burglary in December 2009 after he was accused of breaking into a couple’s home while they slept and robbing them in 2006.
He was sentenced to eight years in prison on each count, to be served concurrently. During resentencing, he was ordered to serve five years of mandatory post release control.
In other cases:
Jeremy Scott Stump, 32, of 99 Pritchard St., Proctorville, was sentenced on one count of fourth-degree receiving stolen property. Cooper sentenced Stump to four years community-controlled sanctions under intensive supervised probation, six months in county jail, a successful completion of the STAR Community Justice Center program and he was ordered to pay $250 in restitution.
Buddy Allen Jenkins, 30, of 615 South Fifth St., Ironton, pleaded guilty to third degree complicity to aggravated trafficking in drugs, fourth degree aggravated trafficking in drugs and third degree aggravated trafficking in drugs.
Cooper scheduled sentencing for Dec. 14 and ordered a pre-sentencing report. He also continued Jenkins’ bond.
Richard Cole, 40, of 647 County Road 14, Pedro, pleaded not guilty on a bill of information to two counts of third-degree domestic violence. Cooper set bond at $15,000 cash or surety.
A trial was set for Kenneth Holtzapfel, 32, of 510 1/2 Railroad St., Ironton. He is charged with domestic violence. The trial date is Jan. 5.
A trial date was also set for Edward S. Holsinger, 41, of 1902 S. Second St., Ironton. He had previously pleaded not guilty to three counts of fourth-degree aggravated trafficking in drugs. The trail date is Dec. 1.