{{featured_button_text}}

A Cerro Gordo County jury found a Clear Lake man guilty on one count of second-degree sexual abuse late Friday morning. 

Amando Montealvo Martinez, 61, was accused of sexually abusing two girls under the age of 12. 

The jury found him not guilty on an additional count of assault with intent to commit sexual abuse.  

Amando Montealvo Martinez

Montealvo Martinez

He will be sentenced at 10 a.m. on Aug. 23. 

Montealvo Martinez will remain in custody at the Cerro Gordo County Jail pending sentencing because second-degree sexual assault is a forcible felony. 

He faces up to 25 years in prison. 

The trial began with jury selection on Tuesday afternoon. 

Montealvo Martinez was arrested in February 2016 on two charges of second-degree sexual abuse.  

He allegedly abused one of the girls from 2002 through 2005 and the other during 2006, court documents state.

One of the two second-degree sexual abuse charges against him was reduced to lascivious acts with a child, and he agreed to enter an Alford plea to that charge. The remaining charge was dismissed as part of the plea bargain.

In an Alford plea a defendant doesn’t admit to the crime but acknowledges prosecutors could likely prove the charge.

In August 2016, Montealvo Martinez was sentenced to up to 10 years in prison.

He filed a petition in district court for post-conviction relief in January 2018, claiming his attorney, Barbara Westphal, failed to advise him of the consequences accepting the plea offer from the state would have on his immigration status.

Montealvo Martinez previously lived in Mexico but has been a resident of the United States for almost 40 years.

He is in the country legally but is not a U.S. citizen, according to court documents.

Judge Rustin Davenport ruled in February of this year that Westphal did inform Montealvo Martinez that he would be immediately removed from the country and there would be a bar on his legal re-entry if he accepted the plea deal.

However, she did not specifically advise him he would be subject to mandatory detention during removal procedures, or that he would be subject to a fine and 20 years in prison if he tried to re-enter the United States, according to Davenport.

Although Montealvo Martinez's conviction was set aside, Davenport ruled the original charges should be re-instated.

Montealvo Martinez chose to take the case to trial rather than re-enter plea negotiations, according to court documents.

Just before trial proceedings began this week, Judge Christopher Foy approved the state's application to lower one of the two counts of second-degree sexual abuse to assault with intent to commit sexual abuse. 

Sign up for our Crime & Courts newsletter

* I understand and agree that registration on or use of this site constitutes agreement to its user agreement and privacy policy.
2
0
2
3
1

Load comments