After the defense of Maria Fernanda Pena Alvarez, one of the fatalities in the crash in which the footballer was involved, Joao Maleckon June 23, 2019, sought a legal remedy of protection at the federal level, today the Third Collegiate Court in Criminal Matters of the Third Circuit decided not to reinstate the trial, for which the sentence of his freedom remains firm.
In the Ordinary Virtual Session that began around 12:34, the presiding magistrate of that court, Antonio Legorreta; and the other two magistrates, Angelica Marina Diaz Perez and Alberto Diaz Diaz.
The three magistrates voted in favor of not reinstating the trial, since they consider the sanctions acceptable in the Court of Jalisco.
the magistrate Angelica Marina Diaz presented the proposal to deny protection 128/2021 that the mother of Maria Fernanda Pena, through your lawyer Anuar Garcia, solicitous.
“In the project it is proposed to deny the protection requested on the grounds that the concepts of violation must be qualified as unfounded without noticing in its expression a deficiency that must be supplied in the terms provided in article 79 section III of the protection law, that is, from the view of the actions of the accusatory criminal procedure, it can be seen that the matter of this constitutional trial is limited to the confirmation of the quantum of the sentence, as it is the item of the indirect victim, “he said in the virtual conference.
The sentence was issued on November 9, 2021 in the courts of Big bridge in the appeal room 10 of the Supreme Court of the State of Jalisco in which they pointed out that Maleck He continued his process in freedom and only the economic agreements for the repair of the damage were increased.
The accident was on Sunday, June 23, 2019, around 9:00 a.m. in a silver Aveo traveling María Fernanda Pena26 years old and Alexander Castro 33 years old, who had been married the day before; at the intersection of Tepeyac Avenue and Playa Hornos in Zapopan were impacted by Ford Mustang of recent model Joao Maleck in apparent speeding and under the influence of intoxicating drinks.
The family expressed their dissatisfaction with the resolution through a message: “After 3 years of struggle, finally this morning they gave us the final blow to their effort to obtain justice,” he explains.
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