PAW PAW — The Hartford man who was granted a new trial by the Michigan Supreme Court, then pleaded guilty, will spend at least another year and eight months in prison.
Jose L. Garcia-Mandujano, 24, appeared in Van Buren County Circuit Court on Monday, where he was sentenced to five and a half to 30 years in prison for one count of criminal sexual conduct with a person under 13.
This is what he had originally been charged and found guilty on, but a plea agreement included dropping the 25-year minimum in prison on that charge.
Van Buren County Prosecutor Michael Bedford said Garcia-Mandujano will get credit for 1,335 days served.
Bedford said, citing Garcia-Mandujano’s attorney, U.S. Immigration and Customs Enforcement will deport him to Mexico after he serves his sentence.
Garcia-Mandujano was originally found guilty on two counts of criminal sexual conduct against a girl when she was in fourth through seventh grades after a three-day jury trial in September 2014. Later, the prosecution dismissed one of the counts.
In October 2014, Judge Kathleen Brickley sentenced Garcia-Mandujano to 25-38 years in prison.
Garcia-Mandujano started his appeal process in 2015 when he requested a Ginther Hearing, a hearing on a motion for a new trial claiming the defendant received ineffective assistance of counsel.
The Van Buren County court denied Garcia-Mandujano’s motion for a new trial in July 2015 after hearing witness testimony, including that of his lawyer Larry Margolis. He appealed this decision to the Michigan Court of Appeals, which also denied his request for a new trial.
He further appealed the appeals court decision to the Michigan Supreme Court, still on the grounds that Margolis was ineffective. On April 5 the Michigan Supreme Court granted the appeal, and sent the case back to Van Buren County Circuit Court for a new trial.
Bedford said the Supreme Court granted the appeal without writing a full analysis of their decision. A plea deal was offered again at the circuit court level, like before the first trial, and Garcia-Mandujano took it this time, he said.
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