We are asking that Anthony Valdezs appeal be granted to amend his 13 year sentence due to it being disproportionate to his codefendants 5 year sentences.

WE ARE ASKING THAT ANTHONY VALDEZS APPEAL BE GRANTED TO AMEND HIS 13 YEAR SENTENCE DUE TO IT BEING DISPROPORTIONATE TO HIS CODEFENDANTS 5 YEAR SENTENCES.

BACKGROUND:
On August 5th 2004 Raymond Martinez (22) shot and killed Cesar Delatorre (23) while sitting in his car during a drug deal. Anthony Valdez (16) was a passenger in the backseat of the car. Anthony froze.

Martinez pushed Delatorre out of the car and drove to his (Rays) girlfriends home with young, scared, shocked Anthony Valdez in the back seat. The girlfriend and her cousin both testified that they tried to talk to Anthony and that he just sat there staring at them. They both stated that he looked like he was in shock.

While Anthony was in Youth Authority being held on the murder charge, two detectives came to see him about a robbery committed by four boys on April 2nd of 2004. Anthony stated to them and also a corrections officer, that he had an attorney and wanted to see him. His request was ignored. The detectives showed him confessions by two boys. They each said they remained in the car while the other three committed the robbery. The detectives stated it was in Anthony's best interest to confess to the robbery and it would help him in the murder trial. Anthony then made a statement exactly like the other two boys saying he remained in the car while the other three committed the robbery. Anthonys statement was made without legal council. The robbery victims could not identify Anthony or the other defendants and though scared, were not hurt during the robbery.

The verdict in the December 2004 trial found Martinez guilty of murder and sentenced him to 53 years to life. Anthony Valdez was found not guilty on all five counts.

But the DA was hell bent. She told the victims family not to worry, that she was going to send Anthony Valdez to prison on the charge of robbery. Although the robbery charge had nothing to do with the Cesar Delatorre murder, the Delatorre family showed up at Anthony's sentencing on the robbery charges.

The judge told the DA that if not for the weak murder charge (for which he was found NOT guilty) Anthony would have been in a totally different situation with the robbery and he had done no more or less than his codefendants during the robberies.

He then asked the DA if she would offer him a plea deal. She said absolutely not. She wanted 30 years for Anthonys involvement in the robbery. The judge said that he was not convinced that Anthony should be sentenced to high term robbery since Anthony was convinced to plead open because of the murder charge. But the judges personal opinion did not matter and by law he had to sentence him to a mandatory 13 years. Anthony was denied Youth Authority. Except for his presence in the car when the murder took place, for which Anthony was found not guilty of any involvement, Anthony would have received a sentence comparable to the other two defendants.

Anthonys two codefendants in the robberies had a different DA who dropped the gun charge against them. They were sentenced to high end robbery for 5 yrs and the 16 year old was allowed to remain in Youth Authority.

One of the codefendants was served with a search warrant. The authorities found a loaded 9 millimeter weapon. He also had prior robbery charges. The other codefendant's car was found to have been used in the robbery. Anthonys home home was also searched. Nothing was found and yet because of an unfounded murder charge and a different DA bent on revenge, Anthony is now in adult prison serving 13 years for robbery!

Synopsis: 1 robbery = 4 defendants:

Defendant #1 (16) car used in robbery + no gun + no prior record + 1 robbery = 5 years in Youth Authority

Defendant #2 (19) 9 ML gun found in home + prior record + 1 robbery = 5 years in Adult Prison

Defendant #3 (18) at large

Defendant #4 (Anthony-16) no gun + no car involved + not guilty of murder + no prior record + 1 robbery = 13 years in Adult Prison

Please join us by signing this petition for Anthony. Anthony had no gun or car involved in the robbery and this was his first offense. His sentence should be LESS than his codefendants received and he should be in the care of Youth Authority.