Appellate court overturns kidnapping conviction

Appellate court overturns kidnapping conviction

YOUNGSTOWN — The 7th District Court of Appeals has vacated the six-year prison sentence of a 31-year-old city man convicted of attempted kidnapping and attempted extortion in 2005.

The ruling means the conviction and prison sentence of David P. Rowbotham, formerly of South Main Street, Austintown, are overturned and the case sent back to Mahoning County Common Pleas Court to be handled by prosecutors a second time.

The appellate court said the conviction had to be overturned because Judge Maureen A. Sweeney failed to notify Rowbotham of all of the constitutional rights he had before he accepted a plea agreement.

The ruling said Judge Sweeney informed Rowbotham on July 7, 2005, that his plea would mean he was giving up his right to a trial by jury, right to have the state prove every offense against him, the right to confront witnesses who testify against him, and the right to refuse to testify on his own behalf.

But she failed to inform Rowbotham that he had the right to compel witnesses to testify in his favor and the right to proof beyond a reasonable doubt, the appellate court ruled.