SALT LAKE CITY — A former Ogden man convicted of attempted murder had his charge affirmed by a state appeals court last week.
The appeal of Patrick Bobby Galindo, Jr., 22, had his petition for new hearings in his case dismissed by the Utah Court of Appeals in an opinion released Friday.
Galindo was arrested in June 2016 after shooting a 26-year-old-man four times in the torso and arm. A jury found Galindo guilty of attempted murder, a first-degree felony, and an Ogden district judge sentenced him to a term of three years to life in a Utah state prison.
Galindo appealed the conviction, and argued that he received ineffective assistance of counsel during his trial for failing to talk to a psychologist evaluating his competency. He also asked that the case be remanded back to the district court for a rule 23B hearing so the court could determine additional findings related to his attorney’s alleged ineffective assistance.
In the appeals court brief, Judge Jill Pohlman wrote that the district court allowed two psychologists to examine Galindo. Both ultimately found that he was competent for trial, however one of the doctors reported that he was not able to get in contact with Galindo’s lawyer.
After reading reports prepared by the two psychologists but only speaking to one of them, the attorney accepted the findings and the case moved forward.
Galindo argued that his attorney should not have accepted the psychologists’ rulings, and the attorney should have talked to the psychologist. He argued that these two factors qualified for ineffective assistance of counsel during the trial, and thus, the case should be remanded for further hearings in the district court.
Pohlman wrote in the court’s opinion that Galindo had failed to show that the trial attorney fell below the standard to prove ineffective assistance of counsel. Therefore, the appeals judge tossed the appeal and affirmed Galindo’s conviction.
In 2018, Galindo was one of four people with Weber County ties charged with aggravated assault of a prisoner, a second-degree felony, after an attack occurred Oquirrh 1 section of the Utah State Prison. The attack occurred on Feb. 1, 2018, where four men attacked another inmate, according to charging documents. The attack was captured on surveillance video.
Galindo ended up pleading guilty to an amended charge and was sentenced to a term of one to 15 years in a Utah state prison, and the charge was ordered to run consecutively with his prison sentence stemming from the 2016 shooting.
Galindo is in the custody of the Central Utah Correctional Facility in Gunnison. His next potential parole hearing is tentatively scheduled for December 2025.