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State v. Mr. D (DMC No. 5627)

REDUCED | SEXUAL ASSAULT REDUCED to ATTEMPT with PROBATION and 1 YEAR JAIL – State v. Mr. D. (DMC No. 5627) (Maricopa County Superior Court CR2005-008833): Mr. D. was accused at being at a party in Tempe, when he drank heavily with a girl he had been friends with.  The girl had stated that she had passed out, and when she woke up, they were engaged in sexual intercourse.  Detectives conducted a “confrontation call” in which Mr. D. was confronted by the alleged victim, and he made numerous admissions.  He was subsequently charged with sexual assault and held as “non bondable” in jail.  We were able to present evidence to the Prosecutor regarding a “consent defense”, and we were able to secure an “attempt” offer which included a range of probation with 1 year in jail, up to 8.75 years in prison.  At sentencing, we presented mitigation, and the Judge granted probation with 1 year in jail (which included the 6 months credit for time he had served during dependency of the case).  He was released 6 months later.

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