On March 3, 2008, Angel makes a plea deal with the State of Utah for reduced charges. As Angel reads the factual basis on the appeals form, he changes the following clause “On September 6, 2007, in Utah County, the Defendant attempted to kill one of his friends by running him over with a car. He also assault[s] another friend by stabbing him with a screwdriver.” He crosses out “by stabbing him with a screwdriver” and hand writes “with a pipe or metal object.”1
The statement now misleadingly reads, “attempted to kill one of his friends by running him over with a car. He also assault[s] another friend with a pipe or metal object.” This change completely leaves out the fact that he after hitting Sida with his car stabbed him 21 times with a screwdriver after trying to run over him a second time.
The statement says that he is pleading guilty to “knowingly and intentionally attempted to cause a death of another” as well as “committed an assault and did so with a dangerous weapon.” The State in turn agrees to reduce the charge of Attempted Murder to a second-degree felony with a 1–15-year prison term and a $10,000 fine. They also reduce the Aggravated Assault to a third-degree felony with a 0–5-year prison term and a $5,000 fine. The State includes an 85% surcharge on both fines and a $50 security fee. The State then also agrees to dismiss the assault by prisoner, a third-degree felony, charge for case 081400394.
He then reviews the rest of the legal language on the document that talks about Constitutional Rights. Writes “21” in the black for his age, and “11th” in the blank to signify the had attended to that grade in high school. He then dates the document and signs it.
His defense attorney signs the Certificate of Defense Attorney and includes his Bar Number. The state Prosecution Attorney signs and adds their Bar Number, and then it is stamped and sealed by the District Court.
The State then cancels the three Jury trial dates that were set for April 1-3, 2008, and recalls the subpoenas on five individuals that were supposed to appear in court for the Jury trial during those dates.
Angel Is Sentenced
Angel is sentenced based on a plea agreement with the State of Utah. He was then kept in the Utah County Jail until April 4, 2008, where he was transported to the Utah Forth District Court building in Provo, Utah, to be sentenced by Judge McDade. He was sentenced to prison for no less than one year nor more than fifteen years for attempted murder, as well as indeterminate term not to exceed five years for aggravated assault. The court then gives Angel a credit of 153 days towards his sentence for his stay in the Utah County Jail. The Utah County Sheriff’s office takes Angel into custody again and arranges for his transportation to Utah State Prison where he will serve both sentences concurrently.2
- Statement of Defendant in Support of Guilty Plea and Certificate of Counsel, State of Utah v Jose Garcia-Jauregui, 071403501 ↩︎
- Court Proceedings, State of Utah vs. Jose Angel Garcia-Juaregui, 071403501 ↩︎
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Next: 7.0 – Angel Released From Prison
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