SAN ANGELO, TX — A 57-year-old San Angelo man was sentenced to prison for sexually assaulting a girl under the age of 14 in 2010.
Emilio Cortez sat quietly as newly seated 51st District Judge Carmen Dusek carefully read the plea deal offered by the District Attorneys office. According to court documents Cortez was indicted in Feb. 2017 for sexual assault of a child under the age of 14. The plea deal offered by the District Attorney was five years in prison in exchange for a guilty plea on a lesser charge of indecency with a child by exposure.
Cortez pleaded not guilty to the original sexual assault charge. The punishment for the sexual assault is five to 99 years or life in prison and a fine of up to $10,000. The plea deal included the lightest sentence available.
Judge Dusek asked Cortez if he wanted to plea guilty to the indecent exposure charge. “Please!” He responded. Dusek informed Cortez that he was giving up his right to a jury trial and his right to appeal by taking the plea deal. “Do you still want to continue with your plea of guilty?” The judge asked. “Yes, your Honor.” Cortez said.
The victim was in the courtroom Thursday and Assistant District Attorney Ashley Knight told Judge Dusek the plea deal was in the best interest of the victim.
Dusek sentenced Cortez to five years in the institutional division of the Texas Department of Criminal Justice and assessed restitution in the amount of $389.85 for transportation costs. Cortez was given credit for 696 days he has been incarcerated since the indictment. He has approximately 1,129 days remaining on his sentence.
Judge Dusek was appointed to the bench by Texas Governor Greg Abbott and was sworn in Dec. 14, 2018. Dusek appeared confident, thorough and deliberate while presiding on the bench Thursday.
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