MIAMI COUNTY — Due to an inaccurate plea agreement form, Nicholas Fergerson, 19, of Troy, was resentenced in Miami County Common Pleas Court on Wednesday.
Last month, Fergerson entered a plea of guilty to one amended count of second-degree felony attempted rape with a specification that the victim, a female, was under the age of 13.
As part of the plea agreement, a specific sentence for the charge was not at the discretion of Miami County Common Pleas Judge Jeannine Pratt, who sentenced him to serve 20 years in prison on Monday.
Instead, Judge Pratt held a hearing to have Fergerson’s sentence changed to a mandatory indefinite sentence of five to 25 years in prison. Ferguson must serve a minimum of five years in prison and appear before the state parole board for further review up to 25 years. Fergerson must also serve five years of mandatory post-release control and is classified as a Tier III sex offender for the rest of his life.
Prosecutor Anthony Kendell said he spoke with the victim’s family about the plea agreement terms and the resentencing issue. Kendell said the family understood the conditions of Fergerson’s plea agreement, which was set to avoid subjecting the child victim to the emotional trauma of a trial.
Public defense attorney Jack Hemm said “somehow wires got crossed” in regard to the plea agreement information prior to the hearing and there were no other issues to not proceed with the hearing.
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