Friday , March 10, 2017 - 6:10 PM
Luis Angel Martinez pleaded guilty to one count of child kidnapping, a first-degree felony, and one count of burglary, a third-degree felony, on Jan. 12 and was scheduled to be sentenced March 9.
However, on March 7, his attorney, Carlyle Harris, filed a motion in 2nd District Court to withdraw the guilty plea, arguing the court failed to ensure Martinez fully understood his rights when he entered it.
Harris also argued the plea deal — which reduced the burglary charge from a first-degree felony to a third-degree felony and dropped a first-degree aggravated burglary charge — was defective because Martinez’s actions during the burglary didn’t justify a separate conviction for kidnapping.
Martinez and two other men are accused of entering a Clinton home Oct. 24, 2015, carrying baseball bats, according to court documents.
The men forced the woman and her son to sit in chairs and then bound them with duct tape, according court documents. One of the men struck the woman twice in the head with his hands.
In his motion, Harris argued the child and mother were not separated during the burglary and that the alleged assault “was not specific to the child but, instead, was a means to end in the alleged burglary of the residence.” He also wrote that the child testified he was able to escape his bonds in a couple of minutes and called for help.
“Give the specificity and severity of the required punishment ... for child kidnapping the intent of the law is meant specifically to protect those who would target and harm children from their own gratification and not for the common burglar,” Harris wrote in his motion.
Police say they identified Martinez through a fingerprint found on duct tape inside a backpack that was left at the home.
Todd James Shinnick, 26, who is also charged in the crime, pleaded guilty Jan. 26 to one count of burglary, a second-degree felony; one count of child kidnapping, a first-degree felony; and one count of forcible sexual abuse, a second-degree felony. He was scheduled to be sentenced March 9, but information about his sentence wasn’t available through online court records Friday.
The third man in the case — Nicholas Noel Davis, 26 — was arrested Jan. 31 and booked into the Davis County Jail. On March 2, he entered not guilty pleas to one count of aggravated burglary, a first-degree felony; aggravated kidnapping, a first-degree felony; and child kidnapping, a first-degree felony.
Davis’ next court appearance is scheduled for 1 p.m. March 16 in Farmington’s 2nd District Court.
As of Friday evening, information about when Martinez’s next hearing will be held was unavailable.
Reach digital producer Jessica Kokesh at 801-625-4229 or firstname.lastname@example.org. You can also follow her on Twitter at @JessicaKokesh or Facebook.com/ByJessKokesh.
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