By Katherine Longjohn
RIVERSIDE, CA – The sentencing for Francisco Martinez took an interesting turn here Friday in Riverside County Superior Court, when Judge Judith Clark issued a no contact order barring Martinez, who lives with the victim’s family, from having contact with the victim for the next 10 years.
The sentencing began with Judge Clark confirming that a resolution had been reached with Martinez agreeing to plead guilty to both vandalism and false imprisonment (the unlawful violation of the personal liberty of another person).
While Martinez could have exercised his right to have his cases sent to the probation department to have them write a report for sentencing, he decided to waive this right and was instead sentenced by Judge Clark Friday.
In delivering the sentence, Judge Clark referenced the maximum punishment for both felony vandalism and felony false imprisonment, which is three years in prison for each charge, but per the plea agreement Judge Clark sentenced Martinez to probation and work release.
For the felony vandalism charge Martinez will have to serve 36 months of formal probation and serve 169 days on work release in the custody of the sheriff. For the false imprisonment charge Martinez will have to serve three years formal probation and serve 210 days on work release under the custody of the sheriff.
However, the two sentences will be served concurrently.
In addition to probation, Judge Clark barred Martinez from contacting the victim in any circumstance except through the use of an attorney.
“This court issues a no contact criminal protective order” and “that order will be in place for 10 years from today’s date, until the year 2032,” said Judge Clark.
Furthermore, Martinez is not allowed to “come within 100 yards of this protected person,” said Judge Clark.
Before closing this matter, Deputy Public Defender Traci Luis interjected by stating that, “Mr. Martinez does live with the alleged victim’s family” and that the victim “comes home to visit her family every day,” which leaves Martinez worried that his living situation would be in violation of the protective order.
In response, Judge Clark decisively stated, “Okay. When she arrives, you have to leave.”
After a brief pause, Judge Clark continued, “if it becomes more of a problem then (Martinez) can come back into court and we can look at modifying this.”
Pressing further, PD Luis said, “(Martinez) just told her that (the victim) does stay over sometimes…if the court issues that order it’s having him effectively move out of his home.”
Swiftly responding, Judge Clark said, “Well, that happens. Lots of people have to move…I can’t prohibit the victim from seeing her own family.”
Following this statement, Martinez agreed with the arrangement that if the victim does come to visit her family, he will leave.