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Fabian Ortega pleads no contest; judge sentences him to two years and a $600 fine
Summary
In State v. Fabian Ortega the court accepted a no-contest plea, found the defendant guilty on stipulated evidence, and sentenced him to two years in prison, a $600 fine and no-contact conditions. The plea included a waiver of appellate rights and restrictions on weapons possession.
Fabian Ortega pleaded no contest in a court session where the judge accepted evidence by stipulation and imposed sentence.
The judge told Ortega the court found sufficient evidence under the state's exhibits and pronounced sentence: "The court will sentence you to 2 years in prison, give you credit for any time served. There's to be no contact with Danielle, Nicole Butcher. There's to be no unsupervised contact with minors. There's a $600 fine. Time and money will run concurrently." The judge also advised Ortega that, as a felony conviction, he would be prohibited from owning or possessing weapons or ammunition.
The plea colloquy included a review of constitutional rights the defendant waived by entering a plea, including the right to a jury trial, cross-examination of witnesses and the right to remain silent; the court confirmed the defendant had reviewed the indictment and plea paperwork with counsel and that any plea would not bind the court. The court accepted the state's written exhibits in place of live testimony and stated it would find the defendant guilty on that basis.
Ortega, who told the court he is 35, acknowledged past mistakes and described having worked at Sonic for about two years before losing that job. The judge urged him to take advantage of programs available and warned about the long-term consequences of continued criminal behavior. The court arranged administrative follow-ups, including holding another inmate and contacting a person named McClain to confer about the case.
