AKRON, Ohio (AP) -- An appeals court has overturned a judge's decision in a criminal case to ban a Florida man from Ohio for life, saying that Ohio law doesn't allow such a punishment.
A three-judge panel of the 9th Ohio District Court of Appeals overturned the ban against George Mose, 48, who had pleaded guilty to attempted murder of his ex-girlfriend and attempted aggravated burglary. Mose had accepted the ban as part of the plea agreement.
"While we understand that Mr. Mose agreed to this sanction, the trial court was without authority to impose a punishment which is not authorized by statute," the court said in a Monday decision.
The appeals panel cited a 1998 ruling by another court in Canton striking down a similar county ban as impermissible under state law. The appeals panel also upheld Mose's three-year prison sentence. Mose was released from prison in October, the state prison inmate website shows.
According to court documents, Mose attempted suicide twice over the breakup with his girlfriend and drove from Bradenton, Fla., to Brunswick, Ohio, in 2009 after telling roommates that he was going to kill her. Police were tipped and Mose was involuntarily committed for mental health treatment.
Mose initially pleaded not guilty, but changed his plea during his trial and accepted the ban.
The plea agreement included a provision that Mose could return to Ohio only to meet parole requirements.
Messages seeking comment were left for the Medina County prosecutor and Mose's defense attorney.