Posted on 03/27/2009 7:55:16 PM PDT by Paleo Conservative
CORPUS CHRISTI — A judge on Thursday went beyond a jury’s recommendation of probation for Mauricio Celis, sentencing him to a year in jail and restitution, likely about $1.35 million, as conditions of 10 years probation, pending Celis’ appeal.
In February, a jury convicted Celis of 14 counts of falsely holding himself out as a lawyer.
Visiting District Judge Mark Luitjen also set Celis’ appeal bond at $700,000, an amount Celis’ attorneys said was excessive and that they would appeal to the 13th Court of Appeals. Celis was taken to jail Thursday after the sentencing hearing because he did not immediately pay the bond.
The appeal bond is the amount Celis must pay to remain free pending the appeal of his conviction, which will take months. Because his attorneys filed notice of appeal Thursday, Celis is not on probation and does not have to pay the restitution or serve his sentence pending the outcome of the appeal. Luitjen also ordered that Celis must remain on house arrest until the appeal is resolved.
If the conviction stands, it is unclear who would receive part of the restitution — the plaintiffs who Celis referred to other attorneys or the attorneys who tried their cases and split fees with Celis. The judge asked both sides to file arguments, including how much victims should receive. He also ordered Celis to file records with the probation office showing all his financial debts and assets.
“I would rather see the original plaintiffs receive the money — I think everybody in this room would — but it may very well be that the real lawyers are the ones who are entitled,” Luitjen said.
The restitution estimate represents the amount in attorneys fees Celis made for nine of the 14 counts on which he was convicted. The other counts did not stem from attorneys fees. District Attorney Carlos Valdez argued that Celis should have to repay more than $10 million he made in four years, though Luitjen said the court only could rule on money directly related to the charges of which he was convicted.
Jurors recommended that the judge sentence him to 10 years in prison but suspend the sentence in lieu of probation.
The one year in jail is based on judges’ discretion to sentence defendants to 180 days, or six months, as a condition of probation. Prosecutors argued based on case law that the judge could stack the sentences for a total of seven years. They asked him to sentence Celis to 3½ years.
The defense argued that the sentences couldn’t be stacked because the counts were tried together and that prosecutors were trying to usurp the jury’s sentence of probation.
Luitjen agreed with prosecutors that the sentences could be stacked but decided on one year in jail.
The judge also set other conditions of Celis’ probation, including an anger management class, 600 hours of community service or a donation to a food bank, court costs and the cost of an interpreter used during trial, a curfew from 9 p.m. to 7 a.m. and to file proof of a college degree. Celis also would be banned from working for a law firm in any capacity.
“You stay out of the legal business, 100 percent and absolutely, unless and until you are a member in good standing of the State Bar of Texas or a foreign country,” Luitjen told Celis.
Celis faces three more trials on charges of impersonating a public servant, money laundering and theft.
Celis sentenced to 1 year, headed to appeal
Judge orders restitution, likely $1.35M, sets appeal bond at $700K
This was the picture on the front page of today's "Award Winning" Corpus Christi Caller-Times.
Bailiff Dave Matson handcuffs Mauricio Celis on Thursday before escorting him to jail after Celis’ sentencing at the Nueces County
Courthouse. Celis is appealing his conviction on 14 counts of falsely holding himself out as a lawyer.
Yikes. Considering that nearly everyone involved in determing his sentence is a lawyer, his punishment is going to exceed that of a serial child rapist.
Paleo ping!
“Celis faces three more trials on charges of impersonating a public servant, money laundering and theft.”
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.
