44 results for 'cat:"Sentencing" AND cat:"Sex Offender" AND cat:"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
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
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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. 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. 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
J. Bowen finds the trial court properly denied defendant's petition for relief from sex offender registration requirements. Defendant was convicted by guilty plea for attempting to distribute harmful material to a minor. The plea was in exchange for the dismissal of a charge for an attempted lewd act with a minor. Though defendant says he is a tier 1 offender and has satisfied his 10-year registration requirements, he was convicted of a felony violation that was later reduced to a misdemeanor. Guiding law prohibits a trial court from relieving such a defendant of the lifetime registration requirement, and the requirement is not a form of punishment under the state or federal constitutions. Affirmed.
Court: California Courts Of Appeal, Judge: Bowen , Filed On: December 14, 2023, Case #: A164739, Categories: sentencing, sex Offender, child Victims
J. Banke finds the trial court properly convicted and sentenced defendant for committing lewd or lascivious acts on a child under the age of 14. Defendant, a registered sex offender, lived with the two victims' grandfather. Both victims have testified to various sex acts they were compelled to perform on defendant, and all evidence supports the convictions. Defendant knowingly and intelligently waived his right to jury trial, including as to aggravating facts of recidivism, and, therefore, his aggravated sentence is permissible. Affirmed.
Court: California Courts Of Appeal, Judge: Banke , Filed On: December 13, 2023, Case #: A165406, Categories: sentencing, sex Offender, child Victims
J. Alvord finds the lower court properly denied defendant's motion for a sentence modification in his sexual assault case. Although he provided evidence of good behavior and rehabilitation in prison, the seriousness of his crimes outweighed any rehabilitative efforts. Defendant repeatedly raped a child with whom he shared a home and impregnated her at the age of 12, an act from which her mother claimed the child will never recover, especially considering she chose to carry the baby to term. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: November 9, 2023, Case #: AC45812, Categories: sentencing, sex Offender, child Victims
J. Ryan finds the trial court properly imposed consecutive sentences in defendant's sex abuse case. The record shows defendant raped four victims, including his stepchildren and biological daughter, over a 12-year period and caused substantial harm to all of the victims, one of which was diagnosed with PTSD as a result of the abuse. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: November 9, 2023, Case #: 2023-Ohio-4068, Categories: sentencing, sex Offender, child Victims
J. Ortega finds the post-conviction court properly sentenced defendant to a 75-month prison sentence for two counts of first-degree sexual abuse against his step-granddaughters. “Applying the mandatory minimum sentence to his crimes would not ‘shock the moral sense’ of reasonable people in light of his conduct.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: October 25, 2023, Case #: A177936, Categories: sentencing, sex Offender, 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