46 results for 'cat:"Sentencing" AND cat:"Sex Offender" AND cat:"Child Victims"'.
J. Hodges finds that the trial court properly denied defendant's motion to vacate a void sentence after he was convicted of aggravated sodomy, aggravated child molestation, child molestation and failure to register as a sex offender. The trial court did not commit any error in considering defendant's prior nolo contendere pleas as convictions for the purposes of sentencing him as a recidivist. Defendant's nolo contendere pleas amounted to felonies under Georgia law. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 19, 2023, Case #: A23A1157, Categories: sentencing, sex Offender, child Victims
J. Bishop finds the trial court properly convicted defendant, by no contest plea, for sexual assault and child enticement of the 12-year-old, developmentally delayed girl. The girl disclosed that the defendant had picked her up from the side of the road and took her to his residence where he subjected her to penile vaginal penetration. It was within the sentencing court’s discretion to weigh factors supporting a lengthier sentence more heavily, such as the seriousness of the offense and the lasting impact on the young victim and her family. No abuse of discretion is found in the court’s imposing the 40-to-50-year consecutive sentences. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: October 3, 2023, Case #: A-23-219, Categories: sentencing, sex Offender, child Victims
[Consolidated.] Per curiam, the Vermont Supreme Court finds that the trial court properly sentenced defendant following convictions for sexual assault, luring and violating conditions of release. Defendant refused to take full responsibility for the sexual assault of a 14-year-old family member on numerous occasions and violated his condition of release while charges were pending. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 23-AP-65, Categories: sentencing, sex Offender, child Victims
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J. Seymour finds that the lower court properly sentenced defendant following his conviction for sexual abuse of a minor. Defendant claims the lower court improperly applied a series of sentence enhancements, but these claims are without merit. The enhancements were over defendant having "undue influence over his victim," engaging in a pattern of illegal sexual conduct, and offending against a vulnerable victim. All of these enhancements were supported by the evidence. Affirmed.
Court: 10th Circuit, Judge: Seymour , Filed On: September 6, 2023, Case #: 22-7023, Categories: sentencing, sex Offender, child Victims
Per curiam, the Fifth Circuit finds the trial court properly convicted and sentenced defendant for enticement of a minor, travel with intent to engage in illicit sexual conduct and transfer of obscene material to a minor. Defendant travelled to Texas from Massachusetts after cultivating an online relationship with a 13-year-old girl, which included the sharing of explicit videos and photos. Upon meeting the girl, he engaged in multiple forced sexual acts with her. Her physical injuries were confirmed by medical examination. The sentence was properly calculated with enhancements for past behaviors, and force, and intimidation at a total of 405 months in prison, plus lifetime supervision. A special assessment for $5,000 does not apply to a count of transfer of obscene material to a minor and is vacated. Affirmed in part. Vacated in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 8, 2023, Case #: 22-40332, Categories: sentencing, sex Offender, child Victims
J. Riedmann finds the trial court properly convicted defendant for attempted sex trafficking and sexual assault. The 14-year-old girl disclosed that she was trafficked by defendant after she and another female minor were found to be runaways during a welfare check at defendant’s apartment. She recalled several incidents where she was threatened to allow multiple men to have sex with her over the course of hours in exchange for meth. Defendant’s ineffective assistance of counsel arguments fail as a matter of law because they were insufficiently pleaded and refuted by the record. All relevant factors were properly considered and there was no abuse of discretion in the sentences. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: August 1, 2023, Case #: A-23-063, Categories: sentencing, sex Offender, child Victims
J. Gobeil finds that the trial court properly convicted defendant of aggravated child molestation and child molestation. Defendant failed to show that he was harmed by the decision to deny his motion for a continuance to review newly produced discovery. Defendant failed to show that his trial counsel performed deficiently. However, the trial court incorrectly sentenced defendant to the maximum statutory punishment without a split sentence. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: June 29, 2023, Case #: A23A0367, Categories: sentencing, sex Offender, child Victims
J. Smith finds the trial court properly applied a sentencing enhancement for two or more prior state convictions “relating to the sexual exploitation of children” in sentencing defendant to 35 years in prison on a guilty plea conviction also related to sexually exploiting kids. Defendant argues that his previous convictions were for exposing himself, and that the relevant code refers specifically to the production of child pornography. The Fifth Circuit determines that the phrase “relating to” is very broad in reference and best interpreted as meaning any criminal sexual conduct involving children. Affirmed.
Court: 5th Circuit, Judge: Smith, Filed On: June 23, 2023, Case #: 22-10412, Categories: sentencing, sex Offender, child Victims
J. Liu finds the trial court properly convicted defendant for six counts of forcible lewd acts on his nine-year-old cousin and one lesser included offense of attempt, handing down seven separate, consecutive sentences. The relevant California penal code, requiring that a sentencing court impose “full, separate, and consecutive term[s]” for offenses committed on separate occasions complies with the Sixth Amendment. Affirmed.
Court: California Supreme Court, Judge: Liu, Filed On: May 25, 2023, Case #: S271828, Categories: sentencing, sex Offender, child Victims
J. Welch finds the trial court properly convicted defendant by a no-contest plea for attempted sexual assault through the use of a communication device. Defendant answered an ad placed by investigators posing as a 15-year-old girl on a website known for prostitution. His communication showed his knowledge of the decoy’s age and his willingness to pay her for sex. All factors were properly considered and all evidence supports conviction. Though defendant lacks a criminal history, sentencing is supported by the benefit received from his plea agreement, the nature of the offense, his previous contact with an underage girl, the court’s finding that a lesser sentence would depreciate the seriousness of the offense and the fact that his sentence of 8-14 years was near the low end of the statutory range of up to 50 years’ imprisonment. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: May 23, 2023, Case #: A-22-775, Categories: sentencing, sex Offender, child Victims