Sasha Dee Martinez, who has been sentenced for the kidnapping and torture of a woman in July 2020, has requested a judge reconsider her sentence.
Martinez was sentenced by District Judge Bruce Pickett to between five and 20 years in prison in July. She pleaded guilty to aggravated battery and felony possession of a controlled substance. The first-degree kidnapping charge and a misdemeanor battery charge were dismissed as part of the plea agreement.
Martinez is being represented by a new attorney, Kelly Mallard, who was appointed by the court. He filed a Rule 35 motion on Aug. 19. Rule 35 allows a defendant to ask the judge for a reduced sentence or a corrected sentence if the original sentence was illegal.
The plea agreement allowed both parties to argue for any sentence, with the prosecution agreeing to argue that her sentence should run concurrently with the sentence for her parole violation.
Mallard’s motion does not include arguments for the motion. The defense also filed a notice of appeal to the Idaho Supreme Court regarding Martinez’s sentence.
The Bonneville County Prosecutor’s Office filed an objection to the motion on Sept. 3. A hearing scheduled for Sept. 14 was continued.
Martinez was accused of kidnapping and torturing the victim over three days along with her co-defendants, Jorge Balderas, Laura Zamudio and Austin Alverado.
Martinez admitted to using a knife to carve the letter “N” into the victim’s face as a way to show dominance, which reportedly stands for “Nina,” a nickname used by Martinez. Bonneville County Deputy Prosecutor Adam Garvin called the case one of the most egregious he had seen in his career as a lawyer.
Defense Attorney Jason Gustaves argued that Martinez should be sentenced to retained jurisdiction, saying she was also a victim of Balderas.
Martinez, Zamudio and Alverado have all accepted plea deals and said Balderas was the ringleader of the kidnapping and that he engaged in the worst of the torture, including reportedly lighting a fire under and around the victim’s legs as she was tied to a chair.
Gustaves said during the sentencing that Balderas had threatened Martinez, presenting a video in which Balderas called Martinez while she was in jail in which Balderas told Martinez to withdraw her statement “for your sake.”
“Mr. Jorge controls the women around him, and if they don’t do what he says, they get the chair,” Gustaves said at the hearing.
In her statement to the court, Martinez said she was terrified of Balderas and accused him of threatening to kill her son.
Pickett, however, sentenced Martinez to prison, noting that she had previously been sentenced to retained jurisdiction in a robbery case and failed the program.
A hearing has not been set for the motion in Mycourts. Zamudio and Alverado are both scheduled to be sentenced in October.
Zamudio was scheduled to be sentenced Wednesday, but Defense Attorney Trent Grant asked for a delay. He said new evidence had come up in the case, and that he needed to review it before moving forward with a plea agreement. Garvin, who is also prosecuting Zamudio, did not object.
Balderas has a pretrial conference scheduled for Tuesday.