Judge allows Hollister's case to go to trial
After pleading no contest on a burglary charge in July, a former Holton resident who had been on the “Jackson County Most Wanted” list for a Whiting burglary in August of 2016 was granted the opportunity to withdraw the plea and take her case to trial, it was noted on Friday in Jackson County District Court.
Megan Hollister, 33, of Horton, was scheduled to be sentenced on the residential burglary charge that afternoon in district court. But on Friday, District Court Judge Norbert Marek granted a motion filed earlier in the week by defense attorney Andrew Delaney of Atchison to withdraw the plea.
The motion stated that Hollister had “been misinformed” by court personnel about her criminal history score and entered the no-contest plea because Delaney had told her that she would not be subject to a “special sentencing rule” that would require a prison sentence for her. Of the motion, Marek said Delaney is seeking “presumptive probation” rather than prison for Hollister.
Marek also told Hollister that the court was “inclined” to grant the motion, but cautioned her that if the case goes to trial, she would risk “full conviction” and a prison sentence on the charge. On the other hand, he told her, “maybe a jury will acquit you.”
After granting the motion, Marek set a two-day jury trial for Thursday and Friday, Nov. 16 and 17 in district court despite the objection of Jackson County Attorney Shawna Miller to the motion to withdraw the plea. A pre-trial hearing has also been scheduled for Friday, Oct. 27 in district court.
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