The Ohio Fourth District Court of Appeals has rejected the request for a new trial from an Ironton-area man accused of shooting and paralyzing his unsuspecting neighbor two years ago.

Floyd McCann, of 38 Township Road 203 W., contended in his appeal that the trial court erred in accepting an Alford plea when there was no evidence he knowingly shot his victim. He also maintained he had ineffective counsel.

In January 2009, Lawrence County Sheriff’s Deputies were called to the home of Mark Robinson, one of McCann’s neighbors. Robinson had been shot in the back after he heard a noise outside his house and went to see what caused the noise.

Authorities determined McCann had been carelessly shooting a gun and a bullet accidentally struck Robinson in the upper back. McCann was not even legally allowed to have a gun at the time because he was a convicted felon.

In January 2010, McCann entered an Alford Plea to one count of felonious assault and was sentenced to seven years in prison. Because he had used a gun in his crime, three years were added to that, bringing the total to 10 years.

An Alford plea is made when a person accused of a crime does not admit guilt but admits there is incriminating evidence against him and it is in his best interest to accept the plea and sentence recommended by the prosecution.

In his appeal, McCann argued that there was no evidence presented to prove he knew what he was doing when he discharged his gun and shot Robinson.

“We disagree,” Fourth District Appeals Judge Matthew McFarland wrote. “The decision to accept or refuse a guilty plea is within the sound discretion of the trial court. … As such, we will not overrule a trial court’s judgment absent an abuse of discretion.”

Further on this matter, McFarland wrote that a person acts knowingly when he is aware his conduct will cause a certain result.

As for his contention McCann had ineffective counsel, McFarland ruled McCann had waived his right to bring up this subject when he took a plea offer.

While McFarland wrote the decision, fellow judges Peter Abele and Roger Kline concurred.