Attorney finds no merit in rape sentence appeal

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February 23, 2012

Appellate court OKs counsel request to be removed from case

REBECCA WEBSTER Press-Republican The Press Republican Thu Feb 23, 2012, 05:45 AM EST

PLATTSBURGH — The attorney representing a Tupper Lake man sentenced in 2010 for raping a 16-year-old asked to be taken off the case because the appeal included no non-frivolous issues.

Jason W. Annette, 31, was found through an investigation to have had sex with the teen in 2009; he also illegally possessed a semi-automatic pistol.

He was sentenced in Franklin County Court in December 2010 as a violent, high-risk sex offender after pleading guilty to third-degree rape and third-degree attempted criminal possession of a weapon.

According to appellate documents, Annette was to be sentenced as a second-felony offender to two to four years in state prison for each crime, with the understanding that the court made no commitment as to whether the two sentences would run consecutively or concurrently.

He was officially sentenced to two to four years for each charge, to run consecutively.

Annette appealed.

But after reviewing the case, his counsel found it contained no points that qualified for appeal.

The appellate court agreed with the attorney and granted the request to be removed.

Annette is incarcerated at Gowanda Correctional Facility.

He had been incarcerated in Midstate Correctional Facility from 1998 until 2004 for his conviction of first-degree attempted sodomy with a 10-year-old girl.

Email Rebecca Webster at: rwebster@pressrepublican.com