Was found not guilty of aggravated assault with a deadly weapon

Christopher Maher, Alice Echo-News Journal

A Duval County man was convicted of burglary of a habitation Thursday, following a four-day trial in San Diego.

The jury of six men and six women returned the verdict Thursday afternoon in Judge Alex Gabert's 229th District Court.

The jury found Julio Martinez guilty of the second degree felony offense of burglary of a habitation, but the jury also issued a not-guilty verdict on a second charge of aggravated assault with a deadly weapon.

Assistant District Attorney Jon West, the prosecutor in the case, said he was pleased with the verdict following the trial Thursday.

"As long we come out with a conviction, then I consider that justice," West said. "The key is accountability. And I think the jury verdict sends a message that we are going to respect the sanctity of the home."

A Duval County grand jury indicted Martinez in December 2006 on one count of aggravated assault with a deadly weapon and one count of burglary of a habitation in connection with an Oct. 31, 2004 incident in which he allegedly struck a man in the head with a copper rod and broke into a home.

Martinez reportedly waived his right to be sentenced by a jury. A sentencing, which will be held before Judge Gabert, has not yet been set in the case.

The second degree felony conviction comes with a maximum sentence of up to 20 years in prison.