Man clears hurdle on path to overturning meth conviction

Osires Guevara has served more than three years of a life sentence, and he's cleared a hurdle in his effort to overturn his conviction and sentence.

Guevara, 35, of Springdale was sentenced to life imprisonment in 2011 after he was found guilty of possession with intent to deliver a controlled substance (methamphetamine), a Class Y felony.

Circuit Judge Robin Green presided over a hearing in Guevara’s case Thursday that concerned his Rule 37 petition that claims he received ineffective assistance from Bryan Powell, his former attorney.

Guevara and Jose Adilio Mancia-Sandoval were arrested Nov. 3, 2008. Sheriff’s Office deputies found a quarter of a pound of methamphetamine in the bottom of a console in Guevara ‘s vehicle, according to court documents.

Powell, who represented both men at one point, testified at Thursday’s hearing that he informed Guevara of a possible plea arrangment that was contingent on both men accepting plea deals. Powell testified that he did not tell Guevara of a plea offer that only concerned Guevara’s case.

Brandon Carter testified that his stance at one point was that Guevara and Mancia-Sandoval had to accept the plea offers or they would have trials. Carter, a Benton County deputy prosecutor then and is now a federal prosecutor, testified he changed his mind and he told Powell of a plea offer that concerned only Guevara.

Green found in Guevara’s favor Thursday. The judge scheduled a hearing concerning the case for Aug. 6.

“I am proud of the work that we did on this case when we tried it in 2011,” said Nathan Smith, deputy prosecutor. “I am thankful for the jury’s service in this case and for the thoughtful and deliberate sentence they handed down. Unfortunately, the hard work of the jury and the law enforcement officers who investigated this case has been undone due to circumstances beyond our control.”

Rogers attorney Kim Weber, who now represents Guevara, said she and her client are grateful for the deliberation of the court.

A rule of criminal procedure gives a judge the option of discharging Guevara, ordering a new trial, resentencing him or correcting the sentence.

Mancia-Sandoval did not receive any prison time for the case. Prosecutors dismissed his case after Guevara’s conviction.

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