Complaint Review: California Court of Appeal Third District - Sacramento California

Mr. Jacinto Valdovinos had two different appeals going. One was the direct appeal of his conviction. After his conviction was eventually affirmed by the Court of appeal, he filed a writ of habeas corpus, or what's also known as a secondary appeal. Thus the appeal that is talked about in Jim's rebuttal comment is the first appeal, not the writ of habeas corpus that was granted by the California Supreme Court that concerned his trial counsels ineffective advice

A Redding man sentenced in 2012 to life in prison will be resentenced in April following an appellate court's January ruling striking down one of his "strikes" and overturning a gang enhancement.

Although the Third District Court of Appeal upheld Jacinto Jose Valdovino's conviction on attempted murder, kidnapping and other charges, it said Superior Court Judge Bradley Boeckman erred in imposing a 10-year gang enhancment sentence on the attempted murder count.

That's because he had already imposed a 15-year gang enhancement on that same count, the court said.

But, it said, a 10-year enhancement on a kidnapping count that was stayed must be lifted, thereby resulting in no net change in his sentence.

But the court did agree with Valdovino's senior deputy public defender, Max Ruffcorn Sr., who argued there was insufficient evidence his client had a prior "strike" conviction for battery. 

Still, the appellate court said Valdovino could be retried on that allegation if the district attorney's office chooses to do so.

Deputy District Attorney Eamon Fitzgerald said today the appellate court's ruling overturning the "strike" conviction will shave about eight years off Valdovino's sentence, but he won't be retried on that issue due to his already lengthy prison sentence.

"It's still a life sentence," he said.

Valdovino, who is serving his sentence at Kern Valley State Prison in Delano, was not in court for today's hearing.

Valdovino was sentenced in September 2012 to 67 years, plus life in prison for kidnapping and shooting then 18-year-old Adam Santoya of Redding in June 2010.

Valdovino, who skipped town in November 2010 as the trial neared conclusion, was convicted in absentia of premeditated attempted murder, kidnapping, street terrorism, assault with a firearm and a series of related enhancements.

He was finally arrested in 2012 following a multiple-hour standoff with a SWAT team after a tip that he was hiding out in Sonoma County.

According to a Redding police report issued after Valdovino's initial arraignment, Valdovino admitted he had been a Norteños gang member when he was a youth and that he shot Santoya.

That police report also said Santoya was reportedly a member of the rival Sureños gang, a claim Santoya and his family have adamantly denied.

Valdovino told police he shot Santoya in self-defense after the younger man pointed a gun at him.

But Santoya told police he was kidnapped at gunpoint near Lake Redding Park, forced into a car and later shot by Valdovino as he tried to escape.

A bullet struck Santoya in his wallet as he ran away, hitting a religious medallion and protecting him from serious injury.