State v. Valdez

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State v. Valdez

Case Number
Call Date
February 4, 2020
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-19-0475 State v. Jose A. Valdez (Appellant)

Madison County, Judge Mark Johnson

Attorneys: Nathan A. Liss (Attorney General’s Office) --- Matthew Headley (Public Defender’s Office for Appellant)

Criminal: Plea: Motor vehicle homicide, Class II felony

Proceedings below: After accepting Appellant’s plea and finding him guilty, the court held a sentencing hearing and sentenced Appellant 24-25 years in prison and a 15 year license revocation.

Issues: 1. The lower court erred in finding Valdez guilty of Motor Vehicle Homicide, a Class II Felony. 2. The lower court erred and abused its discretion in sentencing Valdez to a term of not less than 24 years nor more than 25 years on Motor Vehicle Homicide, a Class II Felony, as it constitutes an excessive sentence based upon the facts of this case. 3. Valdez received ineffective assistance of counsel by trial counsel not filing a motion to suppress the blood test results, by not filing a motion to recuse the trial court Judge, not objecting to the evidence offered at the sentencing hearing, and failing to make an effective argument at the sentencing hearing.

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