EL PASO, Texas (KTSM) – According to court records, the attorneys for Ricardo Marquez filed a motion requesting a new trial a month after he was convicted of murder.

As KTSM previously reported, Marquez was convicted for the murder of Erika Gaytan and sentenced to 75 years in prison.

According to court records, attorneys filed a motion for a new trial on July 25, about one month after a jury found him guilty of murder.

In the motion, attorneys allege there was insufficient evidence of “an intentional and knowing killing of Erika Gaytan” to support a guilty verdict.

The motion also states the State encouraged the jury to speculate as to how Marquez “might have killed Gaytan” and said the jury engaged in improper deliberations which violated his right to a fair trial.

Marquez was accused of killing Gaytan in 2019 after she disappeared after the two went to a concert together.

Gaytan’s body was never found. Investigators found traces of Gaytan’s blood in Marquez’s brother’s Jeep after he asked to borrow it.

El Paso County District Attorney Yvonne Rosales had told KTSM at the time of the sentencing that this type of case, where a body is not found, is very difficult for prosecutors to get a conviction.

The motion hearing is set for August 23 at 2:00 p.m. with Judge Sam Medrano presiding.

Read the full motion below:

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