Updated: Wednesday, 10 Jun 2009, 5:44 PM EDT
Published : Wednesday, 10 Jun 2009, 5:44 PM EDT
XENIA, Ohio (WDTN) - Wednesday, a former Montgomery County Job and Family Services employee was sentenced a second time for raping a child . This time after an appeal, he's serving less time.
Philip Silvers plead guilty in 2007, but his attorneys appealed saying he did it because he thought he would get community control. Instead he got 40 years in prison. The second district court of appeals said a Greene County's plea form had misleading information.
Silvers was sent back to a Greene County courtroom, where Judge Stephen Wolaver told Silvers he'd make every effort to make sure he entered an informed plea this time, and told him to speak up if he had any questions. Silvers and the state agreed to a 20 year sentence in exchange for another guilty plea to 4 counts of rape and gross sexual imposition. Prosecutors said they just wanted to make sure the victim, now 22, wouldn't have to relive the crime another time.
"It's hard to find any positives in a case like this because
unfortunately the victim is going to have to live with the
consequences of Mr. Silvers' actions for the rest of his life,"
David Hayes said.
This sentence can not be appealed. The 49 year old Silvers will
have to register as a sex offender when he gets out of prison. He's
eligible for parole in ten years.