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Category Archives: Yuma County Superior Court

CONVICTION REVERSED PCR (Rule 32) (7 YEAR PRISON SENTENCE) and NEW PLEA OFFER GIVEN with LESS PRISON TIME/ FELONY MANSLAUGHTER (with GUN) and (3 COUNTS) FELONY ENDANGERMENT (DANGEROUS) – State v. Mr. M (DMC No. 11460) (Yuma County Superior Court No. S1400CR2009-00194): Mr. M had been reckless with a firearm while in the presence of a woman and her three children. The gun discharged and killed the woman. Mr. M was subsequently charged with Manslaughter (Dangerous) and 3 Counts of Endangerment (Dangerous). His first Attorney had the case for 2 years and conducted no interviews. In addition, that Attorney advised Mr. M not to take an offer to Negligent Homicide with a range or 4-8 years in prison. Mr. M subsequently terminated that Attorney and hired another Attorney. That Attorney had the case for 7 months and conducted no interviews. An offer was secured by that Attorney to probation with 1 year in jail, or prison with 5-12.5 years of incarceration. That Attorney told Mr. M that he could most likely get the probationary term with only a year in jail. He was ultimately sentenced to 7 years in prison.

We were hired by Mr. M’s family to file a Post Conviction Relief Petition pursuant to Rule 32 of the Arizona Rules of Criminal Procedure. We had evidence in our Petition that both previous Attorney’s were “ineffective” because they had not interviewed any witnesses. In addition, when Mr. M was sentenced, 8 other mitigating factors were not presented to the Judge. Just prior to an Evidentiary Hearing in front of the sentencing Judge, the Prosecutor offered a new plea agreement which allowed Mr. M to be sentenced to 5.5 years in prison, with credit for the time he had already served. Our involvement in the case saved him 1 and a half years of prison time.

REDUCED | POSSESSION of DANGEROUS DRUGS (Methamphetamine) REDUCED to POSSESSION of DRUG PARAPHERNALIA/POSSESSION OF MARIJUANA class 6 open/misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Mr. S. (DMC No. 10042) (Yuma County Superior Court S1400CR2010-00990): Mr. S and his wife were returning from California when they went through a Border Patrol check point in Yuma, Arizona. A Border Patrol K9 gave an “alert” to Mr. S’s car, and the car was subsequently searched. Marijuana and Methamphetamine were found inside of the vehicle and Mr. S was arrested. Because Mr. S was a combat veteran suffering PTSD, we were able to negotiate a deal with the Prosecutor to reduce the charges to a class 6 open/misdemeanor with zero days in jail. At the conclusion of probation, the charge was designated a misdemeanor and Mr. S has no conviction on his record.

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