Benton County Judge Grants Man's Rule 37 Petition

Osires Guevara
Osires Guevara

BENTONVILLE -- Osires Guevara has served more than three years of a life sentence, but he cleared a hurdle 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 Thursday concerning Guevara's Rule 37 petition claiming 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, said at Thursday's hearing he told Guevara of a possible plea arrangement contingent on both men accepting plea deals. Powell said that he didn't tell Guevara of a plea offer that only concerned his case.

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

Testimony at Thursday's hearing revealed the last plea offer involved a 10-year prison sentence for Guevara.

Guevara's case went to trial and a jury found him guilty. Guevara was sentenced to life in the Arkansas Department of Correction. Guevara is housed at the East Arkansas Regional Unit in Brickeys.

Green found in Guevara's favor Thursday. Green scheduled a hearing concerning the case for Aug. 6. A rule of criminal procedure gives a judge the option of discharging Guevara, ordering a new trial, resentencing him or correcting the sentence.

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

Mancia-Sandoval didn't receive any prison time. Prosecutors dismissed his case after Guevara's conviction.

"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."

NW News on 07/19/2014

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