Appeals court backs guilty plea ruling
LISBON -- The Seventh District Court of Appeals stands by a decision by the Columbiana County Common Pleas Court, refusing to allow a Columbiana man to withdraw a guilty plea.
The appeals court affirmed the lower court's decision Monday in the case of Ricky B. Burton, 39.
Burton was indicted Sept. 23, 2004, by a Columbiana County grand jury in the attempted rape of a 13-year-old girl.
In its decision, the appeals court stated: "It appears the appellant simply changed his mind about his plea. ... A mere change of heart is insufficient justification to withdraw a guilty plea."
A motion to withdraw a guilty plea was filed on Burton's behalf in March 2005 after he pleaded guilty in January 2005.
The lower court ultimately denied the motion and Burton was sentenced to four years in prison and five years post-release control.