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Mendoza sentencing delayed


Published: Wednesday, June 23, 2004 11:30 AM CDT
Chris Dabovich

News-Sun

Carlos Rafael Mendoza won't learn his fate for the murder of Jennifer Dueman until July 15, after a superior court judge delayed sentencing last week.

Mendoza, 33, had been set to appear before Division 1 Judge Tom Collins, but a heavy court calendar prompted the delay, a clerk in Collins' office said.


Mendoza was convicted in May of kidnapping and killing Dueman, 19, in September 2003. He buried her body in a wash near Dust Devil Lane in Pomerene.

The maximum sentence that could be imposed on the murder charge is natural life in prison, meaning Mendoza would not ever be released from the Arizona Department of Corrections, and 18.5 years on the kidnapping conviction.

Mendoza served time in Nevada on an armed robbery conviction and the Cochise County Adult Probation Department is recommending he receive the maximum term, according to the department's pre-sentence report.

"The aggravating factors appear to outweigh the mitigators to such an extent that the maximum penalty would appear to be warranted on all counts," states the report, prepared by Probation Officer Don Goldstrum.

Mendoza refused to be interviewed by the probation department on advice from his attorneys Mark Suagee and Robert Zohlman.

Mendoza was arrested in Globe on Dec. 4. Co-defendant Jacob Payne, 18, was arrested on Dec. 10.

He was initially charged with the murder and kidnapping. He entered into a plea agreement and pleaded guilty to kidnapping. The murder charge was dropped on condition he testify against Mendoza.

Dueman's family has asked that the defendants receive the maximum penalties allowed by Arizona statutes.



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