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Appeal denied 02/20/12 8:20p.m. TDH

A man who was convicted of gross vehicular manslaughter will not be able to change his plea.  That was the ruling by an appellate judge last week.  The ruling denied 34-year-old dion gussner’s claim that he should receive a new trial because he was given bad legal advice.  Gussner appealed after being sentenced to 16-years in prison.  He argued that his court-appointed lawyer wrongly advised him to plead to the maximum penalty, and that the lawyer did not challenge sentencing enhancements.  This marks the 2nd rejection of an appeal by gussner.  He was convicted after rear-ending a vehicle in 2009, which caused the death of   4-year-old sebastian balch.

 

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