SALT LAKE CITY — A former Ogden man had his conviction upheld by a state appeals court earlier this month.
The appeal for Julio Alphonso Dominguez, 29, was struck down by the Utah Court of Appeals in an opinion issued on July 5.
In March 2017, Dominguez was sentenced to serve a term of 10 years to life in prison on one count of aggravated burglary, a first-degree felony.
Dominguez and three others — Davy Ray Martinez, Jr., Eric Christian Duran and Jaime Cruz Martinez — each found guilty of one count of aggravated burglary following a three-day jury trial in June 2016.
The appeal court’s opinion outlines the events of the night in detail. Dominguez and the three others were at a Weber County club when they met the victim for the first time. Dominguez, the three and the victim, as well as two women, went to the victim’s home to continue drinking, according to the opinion.
While at the home, a fight broke out where the four charged attacked the victim, who was punched and kicked in the face and body. The victim was able to get away and lock himself in a bedroom. The four later broke down the bedroom door and continued to assault the man. They would later claim they did so to protect the women who were inside the room, but conflicting testimony disputes whether they were inside the room or out.
During trial, the defense was granted a motion to exclude Dominguez’s criminal record from being introduced to the jury. However while a police officer was testifying, he made a reference to identifying Dominguez using an old mug shot, which prompted an objection by the defense. All four would later file for a mistrial because of the mug shot mention, but the guilty verdict was upheld.
Dominguez filed an appeal on the grounds of ineffective counsel through a jury instruction error. He also appealed on the grounds that the mug shot mention should have awarded him a new trial.
The appeals court ruling rejected all arguments made by Dominguez and affirmed his conviction.
Dominguez is in the custody of the Utah Department of Corrections and is serving his prison time at the Central Utah Correctional Facility in Gunnison.