The attorney for a Tulsa man who asked to withdraw his guilty plea in a child rape case has modified the request.
In April, a judge sentenced Kevin Leroy Smith to 120 years in prison for raping a 12-year-old Glenpool girl. He was charged with two counts of first-degree rape and one count each of kidnapping and first-degree rape by instrumentation.
In a motion filed last week, Kevin Smith's attorney said Smith agreed to plead guilty after the judge said he'd be sentenced to 30 years, not 120. For that reason, the motion asked the judge to allow Smith to withdraw his guilty plea.
On Tuesday, May 17, 2016, Smith's attorney filed an amended motion saying he and his client made a mistake by assuming the judge would make the sentences run concurrently, not consecutively.
Smith and his attorney are still asking to be allowed to withdraw his guilty plea.