An Emporia woman has been allowed to withdraw her plea stemming from a rural burglary in January.
At a hearing in front of Judge Jeffry Larson Monday morning, Dianna Lee entered a motion to withdraw her no contest plea to a charge of burglary of a non-dwelling, entered in July. Her attorney Stuart Symmonds informed Judge Larson of a misunderstanding and mutual mistake between him and his client after Lee entered the plea under the presumption of probation as her sentence. Instead, there was the possibility Lee could serve prison time if sentenced under that plea.
The state did not oppose the withdrawal of the plea, noting there was good cause for it. Larson’s possession of methamphetamine charge now also comes back into play. She will fight both charges when the case goes to trial. Judge Larson set a final pretrial hearing for 3:30 p.m. on Jan. 2. A trial will begin either Jan. 7, Jan. 14, or Jan. 28.
