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Martinez sentenced to 20-60 months in prison

Gabriel Martinez, 50, of Longmont, Colo., was sentenced Tuesday to serve 20 to 60 months in prison after pleading no contest to enticement by an electronic communication device.

According to court testimony, Martinez had repeatedly messaged a 14-year-old on her cell phone seeking sexual photographs.

In a plea deal struck last month, an additional charge of violation of visual depiction of sexually explicit conduct was dismissed.

Martinez was also ordered to register on the Nebraska Sex Offenders’ List for a term between 15 years and his lifetime.

Cheyenne County Attorney Paul Schaub told the court Martinez was relentless is his efforts to communicate with the teenager to seek photographs.

Schaub said Martinez was not a good candidate for probation and should be ordered to serve the maximum sentence.

Michael Snyder, who represented Martinez, argued according to a presentence investigation, his client scored only a moderate to low risk of reoffending in most categories measured. Additionally, Martinez only has a minor criminal record, Snyder said while arguing for probation.

District Court Judge Derek Weimer, in delivering his sentence, said Martinez had absolutely no business asking for the photographs from someone who was “clearly, clearly, clearly” a minor.

“These laws exist for a reason,” the judge said.

The prison term imposed by Weimer was the maximum sentence allowed, Weimer noted.

Martinez has served 252 days in custody since his initial arrest. If given credit for good time, he’d be eligible for parole in 10 months, the judge said.

 

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