An Ashley man accused of burglary and unlawful sexual conduct with a minor will be in court Tuesday to change his plea to guilty, his attorney says.
Jeremy Cackler-Fox, 18, of Ashley appeared in Delaware County Common Pleas Thursday morning for a change-of-plea hearing. However, his attorney, Christopher Burchinal, told Judge David Gormley that the plea agreement paperwork he received from Assistant Prosecuting Attorney Douglas Dumolt was slightly different than what they had discussed.
Burchinal told Gormley that the agreement he reached with Dumolt would result in Cackler-Fox pleading guilty to one charge of burglary and one charge of unlawful sexual conduct with a minor, and both would be fourth-degree felonies. However, Burchinal said Thursday that the current paperwork lists the burglary charge as a second-degree felony, not a fourth-degree felony, as agreed upon.
The degree of the burglary charge will affect the length of Cackler-Fox’s sentence.
Burchinal said he didn’t have a chance to correct the paperwork with Dumolt before Dumolt went on vacation.
Gormley rescheduled the change-of-plea hearing for Tuesday at 8:15 a.m. Cackler-Fox earlier pleaded not guilty to the charges.
Prosecutors say Cackler-Fox was arrested on April 22 after residents of a home on South Union Street in Delaware called to report a burglary. Police found Cackler-Fox in the backyard, and he admitted to entering the home and having sex with a 13-year-old girl. Police said Cackler-Fox and the girl are acquaintances.
Dumolt said Cackler-Fox has an extensive criminal history and was on probation when the alleged crime occurred.
Cackler-Fox is currently in the Delaware County Jail.
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