VanLandingham's motion to be heard

3/3/2008

A motion filed by Rick VanLandingham requesting permission to withdraw his plea will be heard Friday by Lucas County Common Pleas Court Judge James Jensen.

VanLandingham, 39, of 1326 Paxton St. pleaded no contest Jan. 16 to misdemeanor trespass and was sentenced to probation.

He later filed his own motion to withdraw the plea, claiming information on the original indictment was incorrect.

Originally charged with breaking and entering, VanLandigham was accused of entering a vacant house on Paxton Street on Sept. 22 through a window and removing a sink.

Further investigation revealed he was not in the house then, but had been through the day before with a real estate agent when it was noticed that the locks on the home were faulty.

He returned and without permission put locks on the door, an action that led to the trespass charge.

VanLandingham contends in his motion to withdraw his plea that because the date on the indictment does not match the date he was at the house, the charge should be dismissed.

The hearing to consider the motion was continued twice, including last week, at VanLandingham's request.