B.3.3. Criminal conviction and appeals filed against judgment N° 680-2007 213. On July 17, 2007, the Trial Court of the First Judicial Circuit of San José, in judgment No. 680-2007, convicted Mr. Martínez of twelve counts of embezzlement in the modality of a continuous crime. 291 Subsequently, on August 23, 2007, it sentenced him to 19 years of imprisonment and disqualified him from holding or exercising public office for 12 years. 292 The trial court that issued this judgment included among others, Judge Sandí Murcia, who joined the trial court on May 15, 2007, to replace Judge Adela Sibaja Rodríguez. 293 214. Mr. Martínez’s public defender filed an appeal in cassation 294 against judgment No. 680-2007, arguing seven “formal” 295 and two “substantive” 296 grounds (infra para. 324). For his part, Mr. Martínez filed an appeal in cassation 297 against the aforementioned conviction, alleging 16 reasons 298 (infra para. 325). 215. Through decision No. 2008-0232 of March 11, 2008, the Third Chamber of the Supreme Court of Justice dismissed the appeals filed (infra para. 323). 216. Subsequently Mr. Martínez filed a motion for review against judgment No. 680-2007. The only reason he alleged was the supposed erroneous grounds for the sentence, arguing that: “i) the 19-year prison sentence imposed by the trial court is not consistent with the rehabilitative purpose of the penalty; ii) [The Court] overlooked the principle of proportionality of the sentence; iii) in setting the sentence, the court violated the right to asylum […]; iv) violation of the rules governing a continuing offense, especially Article 77 of the Criminal Code.” On August 29, 2012, in decision No. 2012-001297, the Third Chamber declared this proceeding inadmissible, considering that the arguments put forward by Jorge Martínez “concerning the grounds for the sentence are based on personal assessments that do not establish the legal criteria to be considered.” It also mentioned the arguments on the reasons for the sentence, contained in decision No. 2008-0232, in which it dismissed the cassation appeal filed by Mr. Martínez, considering that “the Court’s reasoning […] follows the prevailing jurisprudential line, and [the] motion is manifestly inappropriate. 299” B.3.4 Appeals filed against the extension of pretrial detention ordered in judgment N° 680-2007 Cf. Judgment No. 680-2007 of the Trial Court of the First Judicial Circuit of San José, of July 17, 2007 (evidence file, folio 35361). 292 Cf. Decision of the Criminal Court of the First Judicial Circuit of San José, of August 23, 2007 (evidence file, folio 2146). 293 Cf. Decision No. 2008-00232 of the Third Chamber of the Supreme Court of Justice, of March 11, 2008 (evidence file, folio 33986). 294 In addition to his public defender, Jorge Martínez, the representative of the Attorney General’s Office, the representative of the Public Prosecutor’s Office, and the public defender of the co-defendant SMM Martínez Meléndez filed an appeal in cassation against that decision. 295 Cf. Decision No. 2008-00232 of the Third Chamber of the Supreme Court of Justice, of March 11, 2008 (evidence file, folio 33934). 296 Cf. Decision No. 2008-00232 of the Third Chamber of the Supreme Court of Justice, of March 11, 2008 (evidence file, folio 33950). 297 The date on which the appeal was filed is not recorded in the evidence. However, according to information provided by the State, it was filed on September 28, 2007. Cf. Brief of the State of September 13, 2017 (merits file, folio 3394, Table I). 298 Cf. Decision No. 2008-00232 of the Third Chamber of the Supreme Court of Justice, of March 11, 2008 (evidence file, folio 33955). 299 Cf. Decision No. 2012-001297 of the Third Chamber of the Supreme Court of Justice, of August 29, 2012 (evidence file, folio 34036). 291 69