TUCSON, Ariz. (13 News) - The Marana father charged in the hot car death of his daughter appeared in court today, August 15.
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The defense said it plans to file a motion to continue the trial.
The defense also stated its intention to ask the court to order a settlement conference. The defense said additional mitigating factors have come up that it wants to be considered.
The state opposes a settlement conference after a plea deal was rejected.
The judge will order a settlement conference over the state’s objection.
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The state wants what is called a 404 motion hearing. The defense motion to continue the trial to a later date will also be heard.
A settlement conference was not set.
The deal holds a sentence of no more than 30 years in prison for both counts.
www.kold.com
More at the link. Motions from both sides are set to be heard on September 19.
A defense attorney who is not involved in the case said that while a premeditated first-degree murder charge does not seem to fit, a felony first-degree murder charge could apply when another felony is being committed, such as child abuse.
IMO that seems about right: if the cap fits…