Anthony Guadalupe, 20, now faces a minimum sentence of 103 years, compared to a ‘negotiated’ 35 years to life when he pleaded guilty on Oct. 4, 2023.
ST. JOHNS COUNTY, Fla. — A former assistant teacher charged with child sexual abuse in St. Johns County, had his guilty plea withdrawn in St. Johns County court Friday morning.
In July 2022, Anthony Guadalupe – who was 19 at the time – was arrested after parents said he inappropriately touched their child at the Chappell School. On Oct. 4, 2023, he pleaded guilty to 14 counts of child molestation.
Prosecutors say classroom surveillance footage showed a “brazen” assault on a 4-year-old child. The offenses happened between May 26, 2022 and July 18, 2022.
According to a new motion filed Wednesday, Guadalupe’s legal team argues that he did not fully understand the situation when he entered his plea. They have gathered expert testimony claiming he has a learning disability. The document also says the prosecution’s expert agrees with the opinion that “Mr. Guadalupe is ‘intellectually disabled.'”
In the courtroom Friday, a state prosecutor says “when we filed our initial information, we didn’t charge every possible charge that we could have.”
“If the defendant withdraws his plea, I am prepared to file amended information, charging an additional seven counts of lewd and lascivious molestation on a victim less than 12,” the state prosecutor said. “Each of those counts is of course, wears a life felony. This would increase his exposure as well. And for the record, if the defendant is convicted as charged in all counts in this amended information if I file it, his lowest permissible sentence is 1,247 months in the Department of Corrections. If my math calculations are correct, that bottom of the guideline scores would be 103 years.”
Prior to Friday’s hearing, Guadalupe faced a sentence of 35 years to life.
“I truly believe it’s probably the defendant has cold feet,” the state prosecutor said.
Judge Lee Smith approved for Guadalupe to withdraw his guilty plea after testifying. Guadalupe then pleaded not guilty to now 21 counts of lewd and lascivious molestation on a victim less than 12.
Guadalupe’s next court appearance will be on April 2; trial will start April 15th.