PIKEVILLE, Ky. — Former Prestonsburg Mayor Jerry Fannin appears ready to resolve a federal theft charge with a deal that is likely to result in no jail time.

This morning, Fannin’s attorney filed a motion for rearraignment, in order to allow his client to enter an Alford plea. An Alford plea functions as a guilty plea, but differs in that the defendant maintains his innocence, while admitting that the evidence in the case would likely persuade a jury to find him guilty.

Reached by telephone, Fannin’s attorney, Ned Pillersdorf, says prosecutors and the judge have indicated to him that they will accept an Alford plea. Furthermore, Pillersdorf says prosecutors have told him they will not oppose a sentence of probation.

Pillersdorf says the Alford plea is appropriate in this case, because Fannin simply has no memory of that time period, due to lingering effects of a pair of strokes he suffered in 2016.

Fannin is charged with a single count of theft from an agency receiving federal funds. He is accused of diverting city money and services to the former East Kentucky Drillers football franchise, while he was mayor.

The former mayor had previously sought to be declared incompetent to stand trial, due to the effects of the strokes. However, following an examination last year at the Federal Medical Center in Lexington, a prison psychologist said he appeared to be exaggerating his symptoms in an effort to avoid prosecution. Fannin and his attorney have both flatly denied that allegation and questioned the psychologist’s credentials for examining stroke patients.

U.S. District Judge Karen Caldwell has scheduled a rearraignment hearing for April 23.