State v. Salinas
Annotate this CaseDefendant in this case was convicted of aggravated criminal sodomy with a child less than fourteen years of age. The district court denied Defendant's motion to depart from the hard twenty-five life sentence provided for in Jessica's Law. The Supreme Court affirmed, holding that the district court did not abuse its discretion because reasonable people would agree with the district court's determination that the mitigating factors presented by Defendant were not substantial and compelling in light of the circumstances of the case, which included the fact that the victim of a six-year-old autistic child who had been in Defendant's care at the time of the crime, expert testimony supported the conclusion that Defendant was likely to reoffend, and there was evidence of factors that supported the conclusion that Defendant was not amenable to rehabilitation.
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