David Webster returns to court for hearing on judgment and sentencing

<p>David Webster</p>

David Webster

A man convicted of raping his cell mate in the Franklin County Jail ten years ago returns to court today to try to get his sentenced dismissed.

David Webster was sentenced to more than 20 years in prison after a jury found him guilty of second degree rape in 2009.

This morning, Webster asked for the dismissal, because there was an error on his judgment and sentencing sheet.

Webster originally faced three identical counts of rape, and the jury found him guilty of count three.

However, the judgment and sentencing sheet stated the jury found him guilty of count one.

The prosecuting attorney said this was a clerical error, but Webster argued this was a judicial mistake.

"This would mean that the court would have to determine, even if it did make this mistake, it cannot correct a mistake that it intentionally made. The mistake is intentionally made as a result of the previous case" said Webster.

The judge agreed with the prosecution, saying this was a clerical error.

The error does not change any part of Webster's sentence, as the counts are identical.

Webster is also serving a 26 year prison sentence for an unrelated murder for hire and assault case.