Kokomo Tribune; Kokomo, Indiana

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May 9, 2014

Man back in prison for 90 years after court error

(Continued)

Lima-Marin was released on parole in 2008 after serving just eight years.

He set about building his life — while, prosecutors say, being fully aware of the clerical error and never notifying authorities.

Lima-Marin, now 35, started selling coupon books door-to-door, and more recently became skilled at cutting and installing windows. He reconnected with his former girlfriend, Jasmine Lima-Marin, and they married in July in a ceremony that also celebrated his completion of five years of parole. He was active in church and helped coach soccer.

Lima-Marin helped Jasmine raise her 7-year-old son, Justus. Soon, they had another boy, Josiah, who is now 4. Lima-Marin was in prison for his birthday party.

"That was his life, raising his kids and being a husband," Jasmine said. "He definitely was not the same person that he was when he went in to prison."

Lima-Marin's co-defendant, Michael Clifton, also would have been mistakenly released early, but the error in his file was uncovered after he filed an appeal in his case. Clifton is serving 98 years in prison.

Lima-Marin filed his own appeal in 2000 but, in a rare move, asked that it be dismissed less than a year later. Prosecutors say that showed he was aware of the clerical error before his release and feared any further court action would call attention to it.

Rich Orman, an Arapahoe County senior deputy district attorney, said he was alerted to the error in January by a former prosecutor who handled Lima-Marin's case and was checking on its status. Orman quickly filed a motion to send Lima-Marin back to prison. A judge agreed.

"He should go back because the law requires the sentence he received. This was a number of very serious criminal offenses, and anything less would be inappropriate," Orman said. "He should not be able to escape the minimum sentence due to a clerical error."

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