Former Lynchburg treasurer withdraws plea in theft in office case

The former treasurer of the village of Lynchburg, who was sentenced to serve four years in prison and ordered to pay back $97,000 she stole from the village of Lynchburg, was permitted to withdraw her guilty plea on Tuesday, after it was found the terms of her plea were not permitted under the statute she was charged.

Angelique Balon appeared in Highland County Common Pleas Court Tuesday with her attorney, William Armintrout.

The state was represented by Highland County Prosecutor Anneka Collins. However, when Balon entered into the plea in December 2010, the state was represented by then-Assistant Highland County Prosecutor David Henry.

In December 2010, Balon pleaded guilty to two counts of theft in office, felonies of the third- and fourth-degree. As a result of the plea, a third count of theft in office was dismissed.

In January 2011, Highland County Common Pleas Court Judge Rocky Coss sentenced Balon to four years in prison.

As part of the plea agreement, Balon had agreed to pay restitution, and that the state would no oppose judicial release.

In May, Coss found that she was ineligible for judicial release and denied the motion.

Collins said that the statute regarding theft in office cases has undergone changes in recent years, and that "for the crime she entered the plea on, you cannot get judicial release. So she had bargained for something and gave up her right to trial, but it was something she was ineligible to receive."

Coss allowed Balon to withdraw her original guilty plea on Tuesday. She then pleaded guilty to three counts of theft, one a felony of the fifth degree, and two that were felonies of the fourth degree.

For Balon to serve the full four years "was not the state's intent," Collins said Tuesday.

Coss sentenced Balon to five years of community control, with more than 500 days of jail time credit.

Balon resigned from her elected position as treasurer in January 2009. A report filed by the state auditor's office for the time period of  Jan. 1, 2006 through Dec. 31, 2007 showed 12 findings of material noncompliance, weakness and deficiency.