( KNZA )--A Lancaster man who recently pleaded no contest to a charge of aggravated battery in a child abuse case is now seeking to withdraw his plea.
25-year-old Brandon Mottin had been scheduled to be sentenced this week in Doniphan County District Court in the case where his girlfriend’s two-year-old daughter suffered serious burns when scalded in a bathtub.
Court information filed in the case states that a plea of guilty or no contest may be withdrawn at anytime prior to a sentence being handed down.
In the motion to withdraw, The Kansas Chief reports Mottin’s court-appointed attorney, Andy Delaney of Hiawatha, claims the state agreed not to file additional charges against him related to possession of contraband while being held in the Doniphan County Jail.
Mottin alleges that the jail staff fabricated the evidence against him in an attempt to coerce him into agreeing to a plea agreement.
Mottin has also requested the court appoint him new counsel.
The victim’s mother, 26-year-old Cassie Collins of Highland, was convicted earlier this year of aggravated endangerment of a child in the case. She was given a suspended six-month prison sentence and placed on one year supervised probation.
However, Collins was arrested in July for a probation violation and faces a November hearing
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