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OCEANSIDE (CNS) - An attempted murder of a peace officer conviction was overturned Friday for a man accused of intentionally running down a motorcycle officer during a routine traffic stop in Oceanside, after an appellate court ruled that his attorney ignored the defendant's argument that he was innocent of the crime.Roberto Ignacio Flores was sentenced to 29 years to life in prison for allegedly running his car into Oceanside Police Officer Brad Hunter on June 19, 2017, leaving the officer hospitalized with life-threatening injuries that kept him out of the field for just over six months.While Flores contended that he was not the driver of the Dodge Neon that struck Hunter, Flores' attorney, John Wilshke, argued at trial that Flores was the driver, but did not have the intent to kill required for an attempted murder conviction.RELATED: Oceanside officer targeted in hit-and-run is back homeFlores also disagreed with his lawyer's concession on weapons possession charges related to a collection of guns found at his home.A three justice panel ruled Friday that Flores' sixth amendment rights were violated, as he was not allowed to present the defense of his choice.The Hunters released this statement to 10News:"Obviously we are very disappointed in the decision by the 4th DCA but confident that a retrial will result in another conviction - Attempted Murder of a Peace Officer - and the appropriate sentence. It's a shame our justice system indulges games such as the ones he is playing - subjecting the victims of horrific crimes like this one to further emotional distress and further wasting the tax payers money but we are confident that justice will ultimately prevail."In a statement, The Oceanside Police Department said: "Regardless of the court’s decision, it is our continued hope that Flores is brought to justice for the willful assault on Officer Hunter."Trial prosecutor Keith Watanabe, who said he is preparing for a retrial, described the defendant as "very dangerous and evil" and said Flores "bragged about striking the officer and putting him in a wheelchair." "We are disappointed by the ruling. When Flores was sentenced to 29 years to life in prison, we believed justice was served and that we would never have to see him again. Unfortunately, we face the daunting task of having to take him to trial all over again.," Watanabe told 10News. "He proved himself to be erratic and dangerous and we will do everything in our power to protect police officers and the community. He will be re-tried. ""I spoke to Officer Brad Hunter’s family. They are discouraged and frustrated by the injustice of having to see Flores in court all over again. Though justice was delayed, they intend to persist until they finally see Flores sent away for good," he added.RELATED: Suspect arrested for attempted murder of Oceanside motorcycle officerAccording to facts laid out in the appellate panel's ruling, Flores was angry at law enforcement following his March 2017 arrest on the gun possession charges. While in jail, he called his girlfriend and told her to claim she owned the guns, since she didn't have a prior felony conviction, the ruling states.He also said the officers "harassed and mocked him" and swore "that when he was released he would go after the people who were responsible," according to the ruling.On June 19, Hunter, a 29-year veteran of the department, was struck while pulling over a driver for an expired registration near Oceanside Boulevard and Foussat Road.RELATED: Injured Oceanside officer hit by driver now awake, 'in good spirits'Flores, who was not involved in the traffic stop, allegedly accelerated and veered directly into Hunter, scooping him up and flipping him over the defendant's car. Hunter suffered head injuries and his leg was broken in three places. The officer had to be placed in a coma until swelling on the brain subsided. Hunter testified he has no memory of the crash.Flores sped away but was captured a few minutes later, Watanabe said.Once in a jail cell, Flores told a sheriff's detective posing as an inmate and a confidential informant that he intended to hit Hunter and wasn't sorry about it, according to the prosecutor."He (Flores) said, `I got one. I got one,"' Watanabe said, referring to the defendant hitting a police officer.RELATED: Driver accused of hitting an Oceanside motorcycle cop will stand trialThe appellate court based its ruling on McCoy v Louisiana, a case recently ruled on by the U.S. Supreme Court. In that case, Robert McCoy was accused of murdering three of his wife's family members. While McCoy sought to maintain his innocence at trial, his attorney pursued a defense that involved admitting to the killings. In a bid to avoid the death penalty, McCoy's attorney argued that the defendant suffered from severe mental issues, and pursued a second-degree murder conviction instead.Jurors recommended death sentences, but McCoy's convictions were overturned and a new trial was ordered. 4999

OCEANSIDE, Calif. (KGTV) -- A hotel approved for Oceanside Boulevard is frustrating many residents.City leaders who supported the 99-room Fairfield Inn & Suite say concerns brought up about the location were addressed by staff.They also told 10News that, once complete, the hotel will bring in more than 0,000 tax dollars per year.Regardless, residents who live in the area say the site selected will create traffic problems. Beyond that - it will mean that their neighborhood will get noisy. "This location is difficult to get in and out of," one resident said. "There's no benefit to being right there."City leaders say the location is ideal because it's close to Interstate-5.  715

OCEANSIDE (KGTV) - Police are searching for the suspect who reportedly shot a man at the Oceanside Transit Center Saturday night. Oceanside Police officers were called to the scene around 7:15 p.m. after receiving reports of a gunshot victim. When officers arrived, they found the victim on the ground suffering a gunshot wound the abdomen. The man was flown to the hospital with non-life threatening injuries. At some point, the victim told police the suspect was staying at the Motel 6 along North Coast Highway. Police searched the hotel room the suspect was reportedly staying in, but the suspect wasn’t found. The shooting doesn't appear to be gang relates, police say. 683

ORLANDO, Fla. - A baby born at 22 weeks and weighing just 12 ounces is going home after spending six months at the Orlando Health Winnie Palmer Hospital for Women & Babies.Doctors said in a press release that baby Diana Peguero is the tiniest baby to ever survive and graduate from the hospital's NICU. Today, she weighs over 7 pounds and is currently thriving at home.According to the Orlando Sentinel, Diana's mother, Jomary Tavarez, was starting to dilate when she went in for a routine checkup in April at 20 weeks pregnant.Doctors then admitted Jomary to Winnie Palmer, and on Mother's Day, Diana was born weighing 12 ounces and was nine inches long.However, after examining her size and development, doctors believe Diana was younger than 22 weeks since gestational age is just an estimate.From May 10 to Nov. 6, Diana spent her first six months of her life in the hospital's NICU, but doctors said she never needed any life-saving surgeries.A few days after giving birth to Diana, doctors discharged Tavarez from the hospital, the newspaper reported. For six months, the couple traveled from their home in Ocala, Florida, to the hospital to see their daughter.According to the newspaper, doctors initially told Tavarez and her husband Federico that most babies, Diana's size, didn't survive the first three days, which Diana did.Diana's medical team continued to set more goals for Diana, which she continued to pass, the newspaper reported.By the end of June, her parents could carry her for the first time. In July, they got to hold her, the paper reported.Diana's parents are thrilled to finally take their first and only child home, especially for Federico, with her coming home a day after his birthday."It's a bittersweet day for us in the NICU," said Dr. Thais Queliz, a neonatologist at Orlando Health Winnie Palmer. "We're sad to see Diana leave since she and her parents have been with us for so long. But we're so proud of how far she's come and are happy for them to start their lives at home as a family of three."Diana is one of only 10 babies in the world recorded to have survived at her size and gestational age. 2148

On Thursday night around 7 p.m. ET, the unthinkable happened: The Tweeter-in-Chief disappeared from his beloved platform.President Trump's verified @realDonaldTrump account briefly went offline. Anyone who navigated to his feed was given a generic blue landing page that read, "Sorry, that page doesn't exist!"And in a stunning plot twist, the world later learned it wasn't a glitch -- but the work of a Twitter employee on his or her last day at work. 460