| The Supreme Court revised Defendant's sentence for three counts of level 3 felony rape but otherwise affirmed the court of appeals' decision affirming Defendant's convictions and sentence, holding that exceeding the sentence the prosecutor recommended in this case, absent more significant aggravating factors, was inappropriate. Defendant's convictions arose from his having sexual intercourse with K.S. when she was between twenty-one and twenty-three years old. At issue was whether K.S., who was moderately intellectually handicapped, could legally consent to sex with Defendant. After a mistrial, a second jury convicted Defendant of three counts of rape. The prosecutor recommended that the court impose the advisory sentence of nine years for each of the three counts. The trial court instead sentenced Defendant to enhanced consecutive sentences of twelve years on each count. The court of appeals affirmed. The Supreme Court reversed Defendant's sentence to twenty-seven years, holding that the longer imposed sentence was inappropriate under the circumstances of this case. |
