By Rod Rose
Assistant Managing Editor
A former Lebanon High School janitor who was convicted of having sex with a 15-year-old at his home has lost an appeal of his eight-year sentence.
Bryan Delaney, now 42, accepted a plea agreement admitting to the crime, but, after changing lawyers, tried to have that conviction overturned.
In a 3-0 decision announced Monday, the Indiana Court of Appeals rejected Delaney’s claim that Superior Court I Judge Matthew Kincaid was in error when he denied the defendant’s request to withdraw the guilty plea.
Delaney was sentenced to 12 years in prison, with eight to be served at the Indiana Department of Corrections, followed by four years on probation.
In her opinion, Appeals Court Fifth District Chief Judge Margaret G. Robb wrote that Delaney had three weeks to review the plea agreement; had said “that he had no problem’s with the attorney’s representation of him;” and that “it was the second time that an attorney working with Delaney on this case had withdrawn and cited a breakdown in communication as the basis.”
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