64 results for 'cat:"Sentencing" AND cat:"Child Victims"'.
J. Pagan finds the post-conviction court properly imposed the statutory presumptive sentence of lifetime imprisonment on each count of child sexual abuse. “Defendant’s current offenses, combined with his criminal history, reflect a pattern of ‘nonconsensual sexual contact,’ ‘exploitation of child victims,’ or both.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: May 15, 2024, Case #: A178945, Categories: sentencing, Sex Offender, child Victims
J. Van Cleef affirms the trial court’s defendant's 65-year sentence for his aggravated sexual assault of a child conviction, dismissing the undisputed yet harmless argument the sentencing judge did not orally inform him he faced anywhere from 5 years to life behind bars or that he would be required to register as a sex offender. Both admonishments were included in plea documents signed by defendant and defense counsel. Texas prosecutors agreed not to ask the court to sentence him to more than 40 years confinement. However, defendant was advised the judge was not bound by any agreement between the state and defendant, according to transcripts of the sentencing proceedings. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: May 15, 2024, Case #: 6-23-56, Categories: sentencing, Sex Offender, child Victims
J. Buller finds that defendant was properly denied relief from the conviction imposed upon his guilty plea to child endangerment resulting in death for abusing and starving his 16-year-old adopted child. Defendant contends he did not understand the plea agreement, but counsel clearly explained the mandatory minimum component. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: April 24, 2024, Case #: 23-1331, Categories: sentencing, child Victims
Per curiam, the appellate division finds that defendant was properly convicted based on his guilty plea to rape for engaging in sexual activity with an 11-year-old relative. Defendant challenged the imposition of the maximum term of probation, but the record indicates he failed to fully accept responsibility for the crime, insisting he was protecting a young girl who was "overly hormonal" and "super aggressive sexually." Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 113103, Categories: sentencing, child Victims
J. Gremillion finds that the lower court properly convicted defendant to 25 years in prison for one count of third-degree rape, two counts of indecent behavior with a juvenile and one count of pornography involving a juvenile. Defendant's sentence was not excessive because he consistently targeted girls between the ages of 13 and 16 to get them drunk and perform sexual acts with them. He entered his guilty plea knowing that it waived his right to appeal his convictions. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: April 17, 2024, Case #: KA-23-621, Categories: sentencing, Sex Offender, child Victims
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J. Virden finds the trial court properly convicted defendant for sexual assault and rape committed against his minor grandchildren based on sufficient evidence. The children testified the abuse, including vaginal and oral penetration, seemed like normal life. Defendant told one of the children that if she told anyone she would be committed to a mental institution, also threatening to hurt her pets. Witness credibility was properly considered, and the court properly elected to run the sentences consecutively. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: April 17, 2024, Case #: CR-23-581, Categories: sentencing, Sex Offender, child Victims
J. Musseman finds the trial court properly convicted defendant for lewd or indecent proposals to a child under 16 based on sufficient evidence. The jury's 5-year sentence was within the statutory range and the sentencing judge imposed the assessed sentence. Defendant raised no objection during sentencing. Though defendant made only proposals to the child, he is equally legally culpable as one having committed the act of sexual molestation. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Musseman, Filed On: April 11, 2024, Case #: F-2022-787, Categories: sentencing, Sex Offender, child Victims
J. O'Brien finds that the lower court properly convicted defendant of Class X predatory criminal sexual assault of a child. The two charges on which he was convicted do not contain identical elements because a person can commit aggravated sexual assault of a child without also committing the offense of predatory criminal sexual assault of a child. Affirmed.
Court: Illinois Supreme Court, Judge: O'Brien, Filed On: April 4, 2024, Case #: 129425, Categories: sentencing, Sex Offender, child Victims
J. Bishop finds the trial court properly convicted defendant, by no-contest plea, for sexual assault of a child. Forensic interview and testimony provided by the victims support the convictions. Though defendant says statements given by the parents of the victims were improperly allowed, the statutory definition of a victim establishes a baseline right to provide victim impact statements, and it does not limit a sentencing court’s discretion to consider relevant evidence from a variety of sources. All sentencing factors were properly considered. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: April 2, 2024, Case #: A-23-522, Categories: sentencing, Sex Offender, child Victims
J. Buller finds that defendant was properly sentenced to prison in claims brought after she stepped out of her home while her young child was in the bathtub, only to find her child face-down in the water, which caused a permanent brain injury. The child and his siblings all tested positive for multiple illegal drugs, and they had multiple incidents with the department of human services. Meanwhile, the sentencing court was not bound to accept a deferred sentence recommendation. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 27, 2024, Case #: 23-0961, Categories: sentencing, child Victims
J. Ayers finds the lower court properly convicted defendant of felony murder by aggravated child abuse, felony murder by aggravated child neglect, two counts of aggravated child abuse, reckless endangerment, aggravated child neglect and two counts of child abuse. Defendant beat a three-year-old girl while he babysat her, resulting in massive head trauma and ultimately the child’s death. The lower court took into account the instant matter along with defendant’s criminal history, resulting in an effective sentence of life imprisonment plus 48 years. Defendant argues he should not have received partial consecutive sentences, but the instant court finds no error. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: March 13, 2024, Case #: M2022-01529-CCA-R3-CD, Categories: Murder, sentencing, child Victims
J. Wollman finds a lower court properly sentenced a defendant to life imprisonment for sex trafficking minor children, alongside his co- conspirator girlfriend, who id serving 180 months in prison. The defendant argued that his sentence is unreasonable. However, the government sufficiently showed in court that he took on the role of manager of a sex traffic ring, posted advertisements online, and transported his victims to hotels to to be sexually abused. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: February 29, 2024, Case #: 22-3462, Categories: sentencing, Prostitution, child Victims
J. Aoyagi finds the trial court properly sentenced defendant, convicted of a total of nine sex crimes against two children. “Defendant committed the acts when he was 16 years old but he was not charged until he was an adult…[and] he went directly into adult court, rather than being waived into adult court.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A178968, Categories: sentencing, Sex Offender, child Victims
J. Greer finds that defendant was properly sentenced after he pleaded guilty to neglect or abandonment of a dependent person and entered an Alford plea to child endangerment resulting in bodily injury because his young child, who had Down syndrome, had been found with a brain bleed; was significantly underweight; and tested positive for alcohol, cocaine, and methamphetamine. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: February 21, 2024, Case #: 22-1805, Categories: sentencing, child Victims
J. Moore finds the county court properly convicted defendant by no-contest plea for sexual assault. Evidence and victim testimony shows defendant sexually assaulted his 14-year-old stepdaughter. Though the presentence report included police reports involving other events not at issue in the charge, the county court properly reviewed the report and sentenced defendant. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: February 20, 2024, Case #: A-23-560, Categories: sentencing, Sex Offender, child Victims
J. Gladwin finds the trial court properly denied defendant's challenge to the special conditions for sex offender probation. Defendant pleaded guilty to allegations he forced his 11-year-old stepdaughter to undress in front of him and kiss him, and that he watched her while she showered. He says the probation conditions that prevent him from having any relationship with someone who has a minor child are unconstitutional. The conditions bear a direct relationship to preventing re-offense, even being that a stricter standard was applied for review. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 7, 2024, Case #: CR-23-320, Categories: sentencing, Sex Offender, child Victims
J. Hendrickson finds the trial court properly imposed consecutive sentences after defendant pleaded guilty to two charges of sexual battery. The seriousness of his conduct, which included blackmail and threats against the minor victim if she refused to have sex, supported the increased punishment. Although defendant suffers from PTSD as a result of military service and expressed sincere remorse before he was sentenced, the trial court was not required to reduce the sentence and spoke on the record that it considered all required factors before it handed down consecutive sentences. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hendrickson, Filed On: February 5, 2024, Case #: 2024-Ohio-381, Categories: sentencing, Sex Offender, child Victims
J. Cruser finds that the lower court properly sentenced defendant for sex crimes against a minor. On appeal, defendant takes issue with the fact that during his offender score calculations, the state included a prior sex offense conviction from an Australian court in 2017. Under the statute that governs the calculation of sex offender scores, there is no language that excludes foreign country convictions from being able to be included in an offender score. Affirmed.
Court: Washington Court Of Appeals, Judge: Cruser, Filed On: January 23, 2024, Case #: 57076-9-II, Categories: sentencing, Sex Offender, child Victims
J. Bowes finds that the lower court improperly sentenced defendant to 36-to-72 years in prison for multiple counts of sexually abusing three minor children. The sentence was illegal because the court imposed conditions that only the Pennsylvania Board of Probation and Parole or Department of Corrections had authority to instill. Vacated.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: January 22, 2024, Case #: J-S45004-23, Categories: sentencing, Sex Offender, child Victims
J. Kelly finds a lower court properly sentenced a defendant to 20 years in prison after he pleaded guilty to two counts of production and attempted production of child pornography, and one count of enticement of a minor. The defendant, who sexually abused and groomed two minors to produce child pornography, argued that the length of his sentence is above the statutory minimum of 15 years. However, the government sufficiently showed in court that he could have faced a lifetime in prison. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: January 22, 2024, Case #: 23-1602, Categories: sentencing, child Victims, Child Pornography
J. Glasgow finds that the lower court properly sentenced defendant for child molestation. Defendant claims that his offender score was too high and that the lower court improperly imposed an exceptional sentence against him. While the lower court admits his offender score could have been miscalculated, the fact that he used "his position of trust" to facilitate his crimes, means his sentence would have been just as exceptional regardless of his offender score. Affirmed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: January 17, 2024, Case #: 57221-4-II, Categories: sentencing, Sex Offender, child Victims
J. Aoyagi finds the trial court erred in sentencing defendant to 75 months in prison for one count of sexual abuse against a minor. “A 75-month prison sentence for a single peck on the lips is unconstitutionally disproportionate, and it is not rendered proportionate by the fact of other convictions against a different victim in the same case, where defendant’s criminal history does not establish that he is incorrigible or resistant to reform or deterrence.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: January 4, 2024, Case #: A177043, Categories: sentencing, Sex Offender, child Victims
J. Abele finds the trial court properly imposed a 54-month sentence for each of defendant's 30 convictions for unlawful sexual conduct with a minor. Not only were the sentences within the statutory range, but defendant was fully advised of the maximum penalty he faced before he went to trial. Meanwhile, the failure by defendant's attorney to request a sentencing merger on all of the counts did not qualify as ineffective assistance because each of the counts was related to a specific instance of sexual intercourse or fellatio and could not be considered a single, continuous course of conduct that would have allowed for merger. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: January 3, 2024, Case #: 2024-Ohio-57, Categories: sentencing, Sex Offender, child Victims