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Posted by: "Texoma Coalition"
Thu Aug 24, 2006 10:46 am (PST)
MyWestTexas.com - Local News - 08/24/2006 - Man gets 80 years in child sex case
08/24/2006
Man gets 80 years in child sex case
Bob Campbell
Staff Writer
Midland Reporter-Telegram
>From Staff Reports
A 35-year-old Midland man has been convicted of aggravated sexual assault of a
child and indecency with a child and sentenced to 80 years in the Texas
Department of Criminal Justice.
A 238th District Court jury deliberated for 73 minutes to find Martin Mendoza
guilty and then only 19 minutes to recommend his punishment at 2:30 p.m.
Tuesday.
District Judge John G. Hyde gave him two concurrent 60-year terms for each of
two counts of first-degree felony aggravated sexual assault and 20 years for
indecency with a child, the maximum allowed for that second-degree felony, and
ordered the lesser sentence served consecutively after the 60-year terms.
Mendoza could have gotten from five to 99 years or life for the first-degree
offenses and Assistant District Attorney Steve Stallings said he must serve at
least 40 years to become eligible for parole.
Jailed in lieu of a $100,000 bond since his arrest last September, he was
accused of having vaginal and anal intercourse with the girl between November
2002 and November 2004.
Now 8 years old, the victim testified that she told about Mendoza's actions
after her 13-year-old brother had unsuccessfully tried to have sex with her.
"Her brother told their grandmother he had done something terrible to his
sister," said Stallings on Wednesday. "She said, 'No, my brother tried, but he
didn't. The person who did was the defendant.'"
The prosecutor introduced medical evidence during the two-day trial that the
victim had been abused in the ways she described. "That little boy's conscience
would not let him keep quiet," he said.
Defense attorney David Rogers contended in final arguments that there was a
reasonable doubt the girl's brother, not Mendoza, had inflicted the injuries.
"These crimes are horrific and grotesque," said Stallings. "Anyone who would do
this to an innocent little child deserves 80 years. I'm thankful the jury saw
things our way and took a sexual predator off the street.
"She's a wonderful little girl, a good student and dancer with a lot of talent.
I hope that with these horrible things behind her, she can have a wonderful
life."
Anyone who would do this to an innocent little child deserves 80 years. -
Assistant District Attorney Steve Stallings
©MyWestTexas.com 2006
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