GALLIPOLIS — The Fourth Appellate District Court of Appeals upheld the conviction of a Rio Grande man sentenced to six years for burglary.

Cory J. Young, 21, 75 Pine St., Rio Grande pleaded guilty in August of 2006 to a reduced charge of burglary. Young was originally indicted for aggravated burglary and aggravated robbery after he and Justin B. Ray, 20, 6929 Ohio 588, Bidwell broke into the residence of Shawn D. Waller and held a gun to his head while stealing cash and prescriptions.

Ray also pleaded guilty to burglary and was sentenced to six years.

Young appealed the judgment of the Gallia County Common Pleas court on the grounds that the trial court failed to fully inform him of the effect of his guilty plea.

Following his plea, the trial court informed Young that should he violate his post release control by committing another felony that he could be sent back to prison for not only the commission of the new felony, but also “add to that any period of post release control that is remaining or 12 months, which is greater.”

In actuality, according to the court of appeals, the parole board may only impose an additional residential sanction of up to nine months.

Based on the fact that the trial court overstated the minimum, the court of appeals found the defendant would have pleaded guilty.

“In light of the trial court’s overstatement of the sanction the appellant could receive under R.C. 2943.032, the appellant would still have entered his guilty plea if he knew the penalty under the statute was actually only nine months,” ruled the appeals court.

The court of appeals overruled Young and upheld the judgment of the trial court.