U.S. District Judge Fred Van Sickle also officially dismissed on Tuesday two charges of unlawful distribution of narcotics that hung a jury during a previous trial in December. Van Sickle is from Spokane but presided over the trial in Yakima.

A jury found her guilty on eight counts of fraud and not guilty on four counts of practicing outside the scope of her degree by prescribing narcotics to patients with histories of addictions.

"We're very pleased with the judge's order," said J.J. Sandlin, Martinez's lawyer, who had asked for acquittal of the guilty verdict or a new trial.

Martinez operates a family practice on West Spruce Street. She obtained a medical degree in 1975 from the University of Guadalajara in Mexico and was licensed by the state of Washington in 1993.

The new trial is scheduled for May 27.

* Leah Beth Ward can be reached at 577-7626 or lward@yakimaherald.com.