RealDave 100: Results
March 2023 – Maricopa County Superior Court – Manslaughter. ( Client struck and killed pedestrian while under the influence of alcohol and fled the scene) Filed motion to suppress Defendant’s statements to police. At issue was whether the state could prove Defendant was the driver. Prior to trial, accepted offer to lesser offense of Negligent Homicide, Class 4 felony. 6 years DOC with about two years time- served. Will serve slightly more than 3 years DOC.
February 2023 – Maricopa County Superior Court – First-Degree Murder. Just days before the trial state offered a plea to Manslaughter with a stipulation for 11 years DOC with three years six months credit for time served. (Manslaughter is 85% time) Our client will serve five years and eight months DOC
January 2023 – Maricopa County Superior Court – Conspiracy Narcotic Drugs for Sale, class 2 felony, Participating in a Criminal Street Gang, a class 2 felony, Aggravated Robbery, a class 3 felony. The initial offer was 25-30 years DOC (case involved a murder) Client accepted the states’ offer for a stipulation to 8 years with three years “time served” and 85% time will be released in approx. Three years 9 months.
December 2022 – Maricopa County Superior Court – Aggravated Assault Deadly Weapon, Class 3, Felony and 3rd Historic Serious Offense ( life sentence if convicted) with Possession of Dangerous Drugs, Class 4. The client had multiple felony convictions with multiple prior prison sentences. The plea offer was an open range between 11-20 years. Filed motion to suppress evidence obtained from illegal search and motion to dismiss for failure to preserve evidence (surveillance video). Accepted reduced offer of 6-8 years DOC with the dismissal of the aggravated assault case. At sentencing, Judge gave him the minimum sentence of 6 years with time served. He will do 4.
October 2022 – Maricopa County Superior Court – First-degree murder- Presented deviation request to the prosecutor with reports from expert witnesses and obtained reduced charge to manslaughter.
Mitigated sentence of 8.5 years DOC with 16 months -time served and 85% time = 5.8 years (minus) community supervision (parole) =5
September 2022 – Maricopa County Superior Court – Drive-By Shooting, Class 2 felony, Aggravated Assault Deadly Weapon, Class 3, felony, Discharge Firearm at Residence, Class 3, (two counts) Endangerment, (6 counts) Class 6 felonies, Disorderly Conduct with Weapon, Class 6 felony, Discharge Firearm in City Limits, Class 6 felony, 3.5 years DOC- time served (10 months)= ( 2 years 1 month to serve). State recommended 5 years at sentencing.
July 2022 – Maricopa County Superior Court – Murder 2nd Degree- Pled to Manslaughter, Class 2 felony, 8 years DOC with credit for two years- time served (4 years 9 months to serve). The state recommended 11.5 years at sentencing.
July 2022 – Maricopa County Superior Court – Possession with Intent to Sell Narcotic Drugs, Class 2 felony, (above threshold) & Theft of Means of Transportation, Class 3 felony, & Aggravated Assault, Class 3 felony, (with prior felony convictions and having previously served time in prison) sentence: 5 years DOC with probation tail, credit for time served of 8 months = 3.5 more to serve in DOC with 85% time- with release on community supervision in 3 years.
June 2022 – Maricopa County Superior Court – Discharge of Firearm, Class, 6, Misconduct with Weapons, Class 4, (with one prior felony conviction and a prison sentence), 1 year flat in jail with credit for time served of 5 months, IPS (intensive probation tail on release from jail).
May 2022 – Maricopa County Superior Court – Aggravated Assault Permanent Disfigurement, Class 4 felony, Reduced to undesignated Class 6 felony, 18 months- probation no jail to be reduced to a misdemeanor upon completion of probation.
May 2022 – Maricopa County Superior Court – Aggravated Robbery Class 3 felony, Aggravated Assault with Serious Injury, Class 3 felony, Prohibited Possessor, Class 4 felony (with two prior felony convictions). Robbery and Assault charges dismissed. Probation on Prohibited Possessor with time served in jail.
May 2022 – Maricopa County Superior Court – Aggravated Assault Deadly Weapon Class 2 felony, (the victim had been shot twice with the client asserting self-defense with two prior felony convictions). Case dismissed. Probation with time served in jail.
April 2022 – Maricopa County Superior Court – Armed Robbery with a Deadly Weapon, Class 2 felony, (with multiple prior felony convictions). Probation with one year in jail- time served. Client was released prior to sentencing.
December 2021 – Maricopa County Superior Court – Residential Burglary 1st Degree, Class 2 Felony, Kidnapping, Class 2, Aggravated Assault Dang. Weapon, Class 3, (two prior serious dangerous convictions) Offer 37 years. After a mistrial, a new trial date received first offer from state and at sentencing received 13 years (lowest end of sentencing range) with (3 years-time served) and 65% = 8 years.
November 2021 – Maricopa County Superior Court – Aggravated Assault/Impeding Breathing-Class 4 Felony, State’s alleged prior bad acts evidence was excluded after evidentiary hearing- Pled to/Restraining movement-undesignated Class 6 probation.
September 2021 – Maricopa County Superior Court – Possession Dangerous Drugs for Sale, Class 2, (with client having multiple prior felony convictions and multiple prior prison sentences) State’s Initial Offer: 5 years DOC. Comeback Law sentence: Intensive Probation-time served.
July 2021 – Maricopa County Superior Court- Unlawful Flight from Law Enforcement. Class 5, with client having multiple prior felony convictions and multiple prior prison sentences). Probation-time served and “deferred” jail (not to be served with successful performance on probation)
July 2021 – Maricopa County Superior Court- Class 3, Aggravated Assault Dangerous Weapon, Aggravated Robbery, Theft of Means of Transportation, (initial offer was 3-5 years prison) supervised probation, 30 days jail.
June 2021 – Maricopa County Superior Court- Class 3, Theft of Means of Transportation, reduced to Class 6 undesignated Unauthorized Use of Motor Vehicle, supervised probation no jail (to be reduced to a misdemeanor upon completion of 18 months probation)
March 2021 – Maricopa County Superior Court, Class 3, Aggravated Assault Deadly Weapon (domestic violence) with client having multiple prior felonies and having previously served time in prison : State’s initial offer – 5 years in prison – Comeback Law sentence: supervised probation (one year jail).
February 2021 – Maricopa County Superior Court, Class 2 Possession of Dangerous Drugs (crack) for Sale, with client having multiple prior felonies and having previously served time in prison multiple times: State’s initial offer- 10 years in prison- Comeback Law sentence: supervised probation, no jail (time served)
February 2021 – Maricopa County Superior Court- Class 4. Misconduct Involving Weapons with client having prior felonies and having committed new offense while still on felony probation in another county and having previously served time in prison: State’s initial offer- 3.5 years prison- Comeback Law sentence: supervised probation no jail
January 2021 – Maricopa County Superior Court- Residential Trespassing, Class 6 felony with client having multiple prior felonies and having previously served time in prison: State’s initial offer- 3 years prison- Comeback Law sentence: supervised probation no jail (time served)
January 2021 – Maricopa County Superior Court- Class 2, Possession of Dangerous Drugs (meth) for Sale above the threshold amount, and Class 4 Misconduct involving Weapons, and Endangerment Class 6, (committed while on release) with client having prior felonies: State’s initial offer- 5 years in prison- Comeback Law sentence: intensive probation with 6 months deferred jail
January 2021 – Maricopa County Superior Court- Sexual Assault, Class 2, Kidnapping, Class 2 with client having prior felonies and having previously served time in prison: Comeback Law sentence- supervised probation, no jail, (time served)
November 2020 – Maricopa County Superior Court- Aggravated Assault, Class 4, Domestic Violence (Intent to Impede breathing): Comeback Law sentence- reduced to an undesignated Class 6, supervised probation, no jail, felony conviction may be reduced to misdemeanor at completion of probation supervised probation no jail
October 2020 – Maricopa County Superior Court-(three counts) Forgery,
(Class 4) and two counts Theft (Class 4)
Comeback Law sentence: reduced to an undesignated Class 6, supervised probation, no jail, felony conviction may be reduced to misdemeanor at completion of probation
June 2020 – Maricopa County Superior Court- Aggravated Assault on Police Officer (Use of Simulated Deadly Weapon) , Class 3, with client having multiple prior felonies and having served time in prison multiple times:
State’s Initial Offer- 7 years prison- Comeback Law sentence: supervised probation (no jail) time served
