RealDave 100: Results   

April 2024 – Maricopa County Superior Court – Murder Second Degree reduced to Manslaughter with stipulation for 7 years DOC for a client with multiple felonies and prior prison sentences.


March 2024 – Maricopa County Superior Court – First Degree Murder (self-defense) case dismissed after a court ruled following an evidentiary hearing that prior violent acts of the alleged victim would be admitted at trial. A client, who has previously served time in prison, pled to prohibited possession of a deadly weapon with multiple prior convictions. Stipulated sentence of 6 years DOC with 3 years- of time served and 85% soft time. He will serve 1.5 years in DOC.   The defendant shot the deceased victim several times in a shootout on a public street in broad daylight.


January 2024 – Maricopa County Superior Court – Kidnapping, Class 2 felony. The client had prior felony convictions and a prior prison sentence. Case dismissed.


November 2023 – Maricopa County Superior Court – Armed Robbery class 2, dangerous felony, Theft of Means of Transportation, class 3, Prohibited Possessor of Weapon, class 4 felony, Unlawful flight from law enforcement, class 5 felony, Possession of Burglary Tools, class 5 felony.

The client had multiple prior felonies with lengthy prison sentences.  The state’s offer was Stipulation to 11 years DOC. After securing an expert neuropsychological assessment and a Report from an expert toxicologist showing the client’s severe addiction (paid for by county), I was able to get the state to reduce the offer to 9-11, with the judge sentencing him to 9 with 3 years time served. Will serve 4.7 years


October 2023 – Maricopa County Superior Court – Exposure of 25 years to life – Attempted First Degree Murder, Aggravated Assault Deadly Weapon, Armed Robbery, (client with two prior felonies) shot the victim in the eye, blinding him)

Agreed to plead to Armed Robbery with Attempted Murder dismissed. A stipulated sentence of 8.5 years DOC non-dangerous (85% time) with presentence credit for 1230 days (time served) will do about 3.7 years with a probation tail on release.


September 2023 – Maricopa County Superior Court – Aggravated Assault (Dangerous) Class 2 felony and Prohibited Possessor of Firearm Class 4. The client had prior felony convictions. The initial offer was 10 years DOC. Pled to a reduced charge of Disorderly Conduct with Weapon, Class 6  concurrent sentence with Prohibited Possessor Class 4-  3 years DOC with 9 months- time served  = 1 year 9 months DOC with probation tail


March 2023 – Maricopa County Superior Court – Manslaughter. (The client struck and killed a 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 that the 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 – Arizona Court of Appeals – Stay ordered on special action interlocutory appeal of trial court’s denial of a motion for withdrawal of guilty plea.

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