Note: This story appears in the Friday, June 7 newspaper on Page A1.
A former Glouster priest who pled guilty last November to three felony counts of sexual battery involving an underage girl has been given permission to file a delayed appeal.
In a ruling filed Thursday, the 4th District Court of Appeals said Henry Foxhoven can pursue his appeal. He had missed the normal 30-day deadline before which there is a right to appeal without asking the court’s permission.
“Given that the motion was filed just over three month after the deadline for appealing and the detailed assignments of error Foxhoven has proffered, we grant his motion for leave to file a delayed appeal,” the appeals court ruled.
Foxhoven, 45, was accused of being sexually involved with an underaged parishioner who became pregnant. He pleaded guilty to a bill of information, rather than have the case go to a grand jury for indictment, and he was sentenced to a total of 12 years in prison.
In filing the appeal with the 4th District, Foxhoven argued that that 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 counsel was ineffective for a number of reasons, including failing to timely file a notice of appeal.
The prosecution did not file a response to Foxhoven’s request for permission to have a delayed appeal.
County Assistant Prosecutor Meg Saunders said that was because there was an assumption, based on an April conversation with the appeals court, that the request was going to be granted.