LAKE HAVASU CITY, Ariz. – A Lake Havasu City man serving a 14-year prison term made a desperate bid for less punishment when his case came back for re-sentencing in Mohave County Superior Court. An Appellate Court sent the matter back to Mohave County Superior Court, following its ruling that a previous plea agreement was flawed when entered and accepted for Jose Baltazar, 64.
Deputy county attorney Jacob Cote said the Appellate Court vacated Baltazar’s conviction for attempted unlawful flight, ruling the crime can’t be “attempted”.
Baltazar had been serving a 14-year prison sentence ordered by Judge Billy Sipe in 2021.
Baltazar previously pleaded guilty for possessing more than eight grams of methamphetamine in one case, and two counts of aggravated assault in the other. The assault counts involve Lake Havasu City police officers who encountered Baltazar during a 2019 traffic stop.
Police reported that Baltzar tried to drive off after being pulled over, and that two officers were dragged about 50 feet trying to stop him.
Defense attorney Amanda Wilbur told Judge Derek Carlisle that Baltazar has been a model prisoner and is much rehabilitated. She said that Baltazar needs to be home as his frail father is having difficulty caring for his mother.
“You won’t see me in this courtroom in trouble again,” Baltazar told the court. “I just want to take care of my mom.”
Judge Carlisle noted that the defendant has racked up 14 felony convictions since 1982, and spent much of his adult life in prison. “He’s been committing crimes against the community for 40-plus years,” the judge said.
Carlisle ordered a 13-year prison term, shaving one year of incarceration from the prior punishment before the Appellate Court ruling.
“I think you actually received a pretty lenient sentence in this case,” Carlisle said.
At that point, Baltazar tried to relitigate the aggravated assault convictions involving the police.
“You know, I didn’t really drag those officers. They were running along the side of the car,” Baltazar said.
“You pled guilty,” Carlisle countered. “I presume you’re guilty of the crimes you pled guilty to.”
“I won’t get to see my mom again. It sucks,” Baltazar told his attorney before addressing his parents in the gallery. “Love you mom. Love you dad.”