LEE COUNTY, Fla. — The attorney for Sheila O'Leary, the Cape Coral mother found guilty of starving her son to death, filed a motion with the court to seek a new trial.
O'Leary was found guilty on June 28 after she rejected a 30-year plea deal offered by the state.
Attorney Lee Hollander says he submitted the motion on behalf of Shiela O'Leary.
He argues that her conviction on aggravated manslaughter of a child charges falls under double jeopardy rules since she was already convicted of first-degree murder.
He also argues that the court did not properly inform the jury of the penalties of a first-degree murder conviction.
O'Leary has a sentencing hearing set for July 25, 2022, and the motion for the new trial will be heard at that time.
