Waldo Man Guilty of Four Sexual Battery Charges
Update | September 11:
On September 10, Judge Denise Ferrero sentenced Mario Alvaro Fernandez, 40, to 30 years in prison.
The sentencing hearing was set for August but it was rescheduled after Fernandez accused his attorney of not representing him properly by submitting a motion for a Nelson Inquiry. The motion carried no legal merit and was denied.
The victim said the lowest permissible sentence (29.975 years) would not be appropriate because Fernandez has shown no remorse but she also didn’t push for the maximum. She said that Fernandez still gives her nightmares and that seeing individuals who resemble him causes her immense fear. She said she doesn’t need a life-sentence even though that’s what Fernandez gave her.
Assistant State Attorney Nicole Reed asked for roughly 60 years in prison.
Fernandez and Assistant Public Defender Luis Rodriguez both made statements attempting to discredit the victim.
Rodriguez asked for five years in prison and probation, well below the sentencing guidelines. Rodriguez did not submit a motion for downward departure.
Fernandez claimed that he is ”100% innocent” and that the burden of proof was not applied.
Ferrero's sentence went against the victim's request.
Fernandez has a restitution hearing set for October 26 for the cost of prosecution. He waived his presence.
Update | July 31:
On July 15, Mario Fernandez, 40, was found guilty of four counts of sexual battery in a bench trial conducted by Judge Denise Ferrero. Fernandez requested the bench trial.
A bench trial means there was no jury and Ferrero made the determinations on Fernandez's culpability.
Prosecutors called several witnesses at the trial, including but not limited to, the victim, Deputy Daniel Roca, Investigator Payton Hoehn and Investigator Savanna Galloway.
The defense only had one witness to call: the victim.
Fernandez is scheduled to be sentenced on August 24.
Sexual battery (rape) carries a maximum sentence of 15 years in prison, but it appears Fernandez is facing a life-sentence due to the nature of the case enhancing his maximum exposure.
Waldo Man Facing Rape Trial Motions for Bond
(Original Article) Published May 16
A Waldo man facing rape charges has submitted a bond motion two months ahead of his scheduled trial.
Mario Alvaro Fernandez, 39, is currently in the Alachua County Jail awaiting trial on six counts of sexual battery (rape) and one count of domestic battery.
Fernandez was arrested on October 4, 2024, and he's remained in the Alachua County Jail, as prosecutors filed a successful pretrial detention motion. The motion describes Fernandez sexually abusing the victim, who was in a vulnerable position as a disabled person.
On May 5, 2026, Fernandez's public defender submitted a bond motion. The motion states the victim "has left the state of Florida and her whereabouts are unknown to [Fernandez] or defense counsel."
The motion states that if Fernandez is released from jail, he "will reside at 3333 NE 39th Ave." This is the address of the Alachua County Jail. It's unclear why the motion says this.
The bond hearing is scheduled for Wednesday.
The motion accurately states that Fernandez doesn't have any criminal adjudications, however, he was previously arrested on burglary and larceny charges in 2023 and sentenced to 18 months of probation. Fernandez was granted a withheld adjudication, meaning he was not convicted.
Fernandez is set to appear for the jury selection of his trial on July 13, 2026.
Update | May 20:
Fernandez was present at his bond hearing today. The victim appeared via video call, showing she is still involved with the case.
Defense counsel said that if Fernandez is released he would reside at Grace Marketplace homeless shelter.
The victim clarified that the defense was lying when they said her whereabouts are unknown, stating Fernandez's attorney affirmed they knew the state she moved to during a deposition.
Judge Denise Ferrero said she would make a decision at a later date.
Throughout the hearing, a deputy stood in front of Fernandez, making it difficult to see his movements. However, Ferrero's reactions indicated he was engaging in inappropriate behavior.
First Ferrero told Fernandez to control himself and to not speak to the point he could be heard. A few moments later, Ferrero asked Fernandez in a confrontational tone why he was laughing. Fernandez made a comment about the prosecutor and/or victim "lying," and Ferrero told him to control himself again. Fernandez then said he was "looking up there" towards the video projector of the victim. Ferrero questioned if he was making contact with the victim, and Fernandez said he was just looking. Ferrero told Fernandez to control himself and made him affirm he understood what she was saying.
Update | June 2:
Ferrero has granted Fernandez bond but he hasn't yet posted it and is currently still in jail.
Correction | September 11, 2026: It was mistakenly reported that Fernandez was a decade older than his actual age.
Correction | September 11, 2026: It was mistakenly reported that Fernandez was facing a maximum of 60 years in prison, but the sentencing guidelines show he was facing life.
