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By Katie Byard
Beacon Journal staff writer
POSTED: 05:34 p.m. EDT, Aug 08, 2008
A Medina County man — sentenced to prison two years ago after pleading guilty to killing his estranged wife's boyfriend — has won a bid for a trial by a jury.
The 9th District Court of Appeals in March in Akron vacated Shaun Cleland's guilty pleas in the death of David Heinricht, 19.
On Wednesday, the Ohio Supreme Court declined to accept an appeal from Medina County prosecutors.
Medina County Prosecutor Dean Holman said Friday that since the ''the plea was vacated, the sentence was vacated . . . we'll proceed to trial.''
Holman expected a trial date to be set in the next few weeks.
Police discovered Heinricht's body in his Brunswick apartment Oct. 2, 2005. He had been strangled, police said. Police said Cleland, 28, who was stationed in Hawaii with the U.S. Army, flew home to confront Heinricht.
In July 2006, Medina County Common Pleas Judge James L. Kimbler sentenced Cleland to 25 years in prison for aggravated murder and three years each for kidnapping and aggravated burglary.
Kimbler ordered that the three-year sentences run at the same time, but follow the longer sentence, making Cleland eligible for parole after 28 years.
In vacating Cleland's guilty plea and sentence, appeals judges said Kimbler erred when the judge did not advise Cleland of mandatory post-release control, a form of parole. The post-release control accompanied the two lesser charges.
A Medina County man — sentenced to prison two years ago after pleading guilty to killing his estranged wife's boyfriend — has won a bid for a trial by a jury.
The 9th District Court of Appeals in March in Akron vacated Shaun Cleland's guilty pleas in the death of David Heinricht, 19.
On Wednesday, the Ohio Supreme Court declined to accept an appeal from Medina County prosecutors.
Medina County Prosecutor Dean Holman said Friday that since the ''the plea was vacated, the sentence was vacated . . . we'll proceed to trial.''
Holman expected a trial date to be set in the next few weeks.
Police discovered Heinricht's body in his Brunswick apartment Oct. 2, 2005. He had been strangled, police said. Police said Cleland, 28, who was stationed in Hawaii with the U.S. Army, flew home to confront Heinricht.
In July 2006, Medina County Common Pleas Judge James L. Kimbler sentenced Cleland to 25 years in prison for aggravated murder and three years each for kidnapping and aggravated burglary.
Kimbler ordered that the three-year sentences run at the same time, but follow the longer sentence, making Cleland eligible for parole after 28 years.
In vacating Cleland's guilty plea and sentence, appeals judges said Kimbler erred when the judge did not advise Cleland of mandatory post-release control, a form of parole. The post-release control accompanied the two lesser charges.
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