Martell was convicted in the armed robbery incident just outside of Italian Fest on July 28, 2006.  Originally, this count had been "thrown out" of the proceedings during the preliminary hearing by the prosecution because they "didn't think could prove up" the count. 

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17 months later, the state re-alleged the count via an "amended complaint".  Despite Martell's legal counsel objecting to this being done without a second preliminary hearing, the judge allowed the charge to proceed.

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However, when you consider the facts, there should have been no way that the court should have been able to convict him in the first place.