ATHENS — A former Glouster priest who pled guilty last November to three felony counts of sexual battery involving an underage girl is dropping his appeal of the case.
Henry Foxhoven, 45, was sentenced to 12 years in prison but filed an appeal in which he argued he should have gotten the minimum sentence for a first-time offender, and that the trial court committed reversible error in giving him three separate four-year sentences rather than treating the charges as allied offenses. He also argued that his trial attorney was ineffective for a number of reasons.
Foxhoven filed the appeal himself, but later requested a court-appointed attorney to represent him. The 4th District Court of Appeals appointed attorney Timothy Gleeson.
Last week, Gleeson asked the court for permission to voluntarily dismiss the appeal.
“The guilty plea was entered voluntarily and the issues for appeal have thereby been diminished,” Gleeson wrote. “Moreover, the trial court’s sentencing order is not contrary to law.”
Gleeson wrote that he read the trial transcript, reviewed appellate standards for ineffective assistance of counsel claims and sentencing issues, and discussed the matter with Foxhoven.
“This motion to voluntarily dismiss the appeal is submitted with consent of appellant Henry Christopher Foxhoven and in recognition that a reversible error did not occur during the trial court proceedings,” the motion states.
As of early Wednesday afternoon, the appeals court had not yet granted the dismissal, according to the Athens County Clerk of Court’s Office.
Foxhoven was accused of being sexually involved with an underaged parishioner who became pregnant. He pleaded guilty in Athens County Common Pleas Court to a bill of information, rather than have the case go to a grand jury for indictment.
* * *
Steve Robb is a Messenger staff journalist