A psychologist’s report is expected to form part of Nolch’s appeal, and he told Judge Mark Gamble on Friday that he has an appointment next week to seek the document.
The appeal was originally set for Friday, but he sought more time in November because he was “extremely busy” with work and didn’t think the report would be ready.
Prosecutors said on Friday they wouldn’t be relying on his guilty plea to support their case in the appeal because of his concerns around his legal advice.
They’ve also proposed reinstating a lesser charge of graffiti as an alternative for the court to consider, but maintain the criminal damage conviction was the correct outcome.
Nolch was sentenced to 200 hours of community work and ordered to pay $19,500 to replace the turf after the graffiti was unable to be removed.