A former Fleming woman who was convicted in 2000 of first-degree manslaughter for the death of her 13-year-old son will be back in Cayuga County Court next month because of a sentencing error.
Cayuga County Chief Assistant District Attorney Christopher Valdina said that when Michelle Davis, who admitted to killing her autistic child, was sentenced to six years in prison, Cayuga County Judge Peter Corning failed to add the state-mandated post-release supervision.
The supervision is similar to parole, but is added to the end of determinate prison sentence.
Under the current law, the district attorney's office can choose to drop the post-release supervision from Davis' record or go back to court for a resentencing, Valdina said. If the office chooses to resentence Davis, she could withdraw her guilty plea and go to trial.
Davis was scheduled to be in court on Monday for a re-sentencing hearing, but it was adjourned until Oct. 6.
The supervision is similar to parole, but is added to the end of determinate prison sentence.
Under the current law, the district attorney's office can choose to drop the post-release supervision from Davis' record or go back to court for a resentencing, Valdina said. If the office chooses to resentence Davis, she could withdraw her guilty plea and go to trial.
Davis was scheduled to be in court on Monday for a re-sentencing hearing, but it was adjourned until Oct. 6.
