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Wellsville man convicted of sex crimes files appeal

LISBON — A Wellsville man sent to prison for at least 10 years for sex charges involving two separate juveniles filed an appeal to challenge his sentence and the denial of his motion to withdraw plea.

Justin R. Talbert, 24, Center Street, had the notice of appeal filed in the Seventh District Court of Appeals by his defense attorney James Lanzo.

The appeal focused on the March 17 sentencing hearing and the Feb. 21 decision by Columbiana County Common Pleas Court Judge Megan Bickerton to deny Talbert’s request to take back his plea.

Bickerton followed the prosecutor’s recommendation for consecutive sentences and sentenced Talbert to an indefinite term of six to nine years for second-degree felony sexual battery and an additional four years for third-degree felony gross sexual imposition, with charges of first-degree felony rape and third-degree felony importuning dismissed.

That brought the minimum total he must serve to 10 years. An additional three years for the sexual battery charge will be at the discretion of the Ohio Department of Rehabilitation and Corrections. He received credit for 104 days served in jail.

Talbert was also designated a Tier III sex offender who must register his address with the Sheriff’s Office of the county where he resides when he’s released from prison, every 90 days for the rest of his life.

According to the indictment that was issued in 2023, the sexual conduct and sexual contact occurred from April 1, 2021 to Sept. 22, 2022. The rape and sexual battery charges involved a child who was 12 years old when the abuse began. The gross sexual imposition and importuning involved a different child who was also 12 years old when the touching began.

At the time, Talbert was a custodian and a volunteer junior high track coach at Wellsville. During the sentencing hearing, county Assistant Prosecutor Steve Yacovone said it was learned he was having inappropriate contact with children, contacting them through social media and sending photos of his private parts.

Talbert could have faced a life sentence for the rape. He entered a guilty plea to the gross sexual imposition and sexual battery charges, but then on the date he was originally supposed to be sentenced last November, he fired his previous attorney and said he wanted to take back the plea.

Talbert tried to have his plea withdrawn based on his alleged lower capacity to understand what was happening at the time of the plea, but Bickerton denied the request.

She found that during the plea hearing in September 2024, Talbert never indicated he didn’t understand what was happening. He met with probation personnel for a pre-sentence investigation and never indicated he didn’t understand.

In fact, she said the day of his original sentencing hearing in November, she had letters of support for him and a sentencing memorandum from his attorney at the time. In the time between the plea and that sentencing date, there was no indication of any issue.

mgreier@mojonews.com

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