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State v. Mr. C (DMC No. 11625)

CONVICTION REVERSED/ SENTENCE REDUCED | AGGRAVATED ASSAULT (with gun) ON POLICE OFFICER: 10.5 YEAR PRISON SENTENCE LATER REDUCED to DISORDERLY CONDUCT with TIME SERVED and IMMEDIATE RELEASE – State v. Mr. C. (DMC No. 11625) (Maricopa County Superior Court CR200-131155): Mr. C. had been asleep inside his house when he was awakened by various police officers and a police helicopter searching for a burglary suspect. He walked outside and stood on his lawn with a gun in his hand that was inside of its holster. An off duty officer came and told Mr. C. to get back in his house, and Mr. C. stated it was his right to stand on his lawn. The officer became concerned because Mr. C. was holding a holstered gun, so he tased Mr. C., and he was taken into custody. Mr. C. was charged with Aggravated Assault with a Deadly Weapon against a police officer, which carries a mandatory minimum of 10.5 years in prison. His trial attorney neglected to tell him that if he went to trial, that he would not be eligible for the mitigated term of 7 years. He then went to trial and questionable testimony was given from several of the officers, and he was convicted. He hired another law firm to do his appeal, and the conviction was upheld. Our firm was hired to handle his Post Conviction Relief Petition under Rule 32, and we secured a Hearing in which the media became involved. Ultimately, the conviction was set aside and a new plea deal was offered to Mr. C. for a plea of Disorderly Conduct with “time served”. Mr. C. was released that same day after having spent over 3 years in prison due to his previous lawyer’s representation.

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