NEWPORT BEACH, Calif. (AP) – A Southern California man who got less than the maximum sentence for sodomizing a 3-year-old girl has been told he’ll spend 25 years to life in prison.
The Orange County Register reports that a judge agreed Friday to delay re-sentencing for 22-year-old Kevin Rojano-Nieto until January but said he’ll receive the mandatory sentence.
Rojano-Nieto was convicted of molesting a relative in a Santa Ana garage in 2014.
Orange County Superior Court Judge Michael Marc Kelly said the mandatory sentence would be cruel and unusual because Rojano-Nieto had stopped the assault within seconds, was remorseful and wasn’t considered a true sexual predator or danger to society.
The judge gave Rojano-Nieto 10 years, sparking outrage and an unsuccessful effort to recall him.
An appeals court this year ordered Kelly to resentence him.
Copyright 2017 The Associated Press.