A Udall man who admitted to aggravated indecent liberties with a child under the age of five is getting a second chance to decide whether to admit he committed the crime, said Cowley County Attorney Chris Smith.
Richard Sears, 67, now faces the possibility of a life sentence without being eligible for parole for at least 25 years, according to District Court documents. He originally entered a plea bargain on March 12.
But the County Attorney’s office advised Sears that the potential sentence for the crime fell within a sentencing range that offered considerably less prison time.
Prosecutors later realized a change in the sentencing law applied to Sears’ case which meant the sentencing information provided before Sears pled guilty was inaccurate.
“The court finds that in order for the defendant’s plea of guilty to be constitutionally and statutorily effective the defendant must have been apprised of the potential penalty that he could receive under the law,” stated District Court Judge Nicholas St. Peter in his order setting aside the guilty plea.
Smith said his office notified St. Peter as soon as the error was discovered. Sears is due back in court May 14.
Sears and the victim were acquainted, Smith said.