Phil Garcia will remain in prison after a request to reconsider a stay of sentence was denied.
Garcia’s attorney, Reid Yoder, filed the request on May 12, according to court records. The state filed an opposition on May 21, and Yoder filed a response to that motion on June 4.
The motion was denied on June 4, according to court records.
An initial motion to stay Garcia’s sentence was filed in August, 2020, and denied in December, 2020, according to court records.
Garcia is currently serving an 18 year prison sentence, after pleading guilty to four counts of compelling prostitution, third degree felonies, and seven counts of sexual imposition, third degree misdemeanors, according to court records. Prosecutors said during sentencing that Garcia groomed employees at his catering business. He targeted black boys, prosecutors said.
Arguments are currently scheduled for June 30 in the appeal, according to court records. Both sides have filed their briefs in the case.
Garcia’s appeal includes nine alleged errors. The brief claims trial judge David Fuhry made a mistake when he denied Garcia’s request to withdraw his guilty plea, that Fuhry sentenced Garcia to more than the statutory maximum for three of the counts and that the consecutive sentences levied against Garcia were in error, among other claims, according to court filings.
The state agreed that the sentence for the three charges was above the maximum sentence, and recommended having the judge re-sentence Garcia on the charges that exceeded the statutory maximum.