41 8.1. Criminal Cases 162. On October 2, 2002, the Court of the Judicial Circuit of the Southern Zone issued a conviction finding Damas Vega Atencio and Kattia Sánchez to be jointly guilty of two counts of the crime of attempted aggravated homicide and aggravated robbery stemming from a single act (en concurso ideal), issuing a sentence of a 20-year prison term.262 Then on April 4, 2002, the Court of the First Judicial Circuit of the Atlantic Zone issued a sentence of a prison term of three years and 4 months for the crime of aggravated robbery.263 On December 3, 2003, the Sentence Execution Court of Alajuela unified the convictions.264 Hereunder, an account is provided of the motions filed with regard to each judgment of conviction. 8.1.1. Judgment No. 106-2002 163. On October 29, 2002, the legal defense team of Mr. Vega filed a petition for writ of reversal of conviction on cassation alleging: i) failure to provide a basis for the conviction inasmuch as it was only based on police conjecture and presumption; ii) conflicting testimony; and iii) violation of the rules of the standard of free and reasoned judgment (sana crítica).265 On March 28, 2003, the Third Chamber denied the petition for reversal on cassation. It noted that “it is evident that the court set forth the reasons why it finds the defendants criminally responsible and are convicted.”266 164. On October 20, 2003, Mr. Vega filed a motion for review of conviction on the grounds of due process violation for improper basis for the punishment and assessment of the criminal offenses.267 On April 16, 2004, the Third Chamber granted the motion to review with regard to the argument of failure to provide a basis for the punishment.268 However, on October 12, 2004, Mr. Vega filed a motion to dismiss the motion to review judgment,269 which was granted by the Third Chamber on April 27, 2005.270 262 Annex 127. Judgment No. 106-2002 of the Court of the Judicial Circuit of the South Zone, dated October 2, 2002. Case File No. 99-000506-062PE. Pages 579-636. Annex to petitioner’s submission of July 16, 2007. 263 Annex 128. Decision No. 2677-03 of the Sentence Execution Court of Alajuela, of December 3, 2003. Annex to compact disc attached by the State in its communication of October 25, 2010. 264 Annex 127. Decision No. 2677-03 of the Sentence Execution Court of Alajuela, of December 3, 2003. Annex to compact disc attached by the State in its communication of October 25, 2010. 265 Annex 127. Submission of petition for writ of reversal on cassation, dated October 29, 2002. Case File No. 99000506-062PE. Pages 638-696. Annex to petitioner’s submission of July 16, 2007. 266 Annex 127. Decision No. 2003-00214 of the Third Chamber of the Supreme Court of Justice, dated March 28, 2003. Case File No. 99-000506-062PE. Pages 721-728. Annex to petitioner’s submission of July 16, 2007. 267 Annex 127. Submission of motion for review of conviction, dated October 20, 2003. Case File No. 99-000506062PE. Pages 755-768. Annex to petitioner’s submission of July 16, 2007. 268 Annex 127. Decision No. 2004-00357 of the Third Chamber of the Supreme Court of Justice, dated April 16, 2004. Case File No. 99-000506-062PE. Pages 775-778. Annex to petitioner’s submission of July 16, 2007. 269 Annex 127. Submission of Mr. Vega, dated October 12, 2004. Case File No. 99-000506-062PE. Page 802. Annex to petitioner’s submission of July 16, 2007. 270 Annex 127. Decision No. 2005-00331 of the Third Chamber of the Supreme Court of Justice, dated April 27, 2005. Case File No. 99-000506-062PE. Pages 817-820. Annex to petitioner’s submission of July 16, 2007.

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