Roel Hernandez III, 24, pleaded guilty to child molesting as a level 4 felony in exchange for prosecutors dropping several additional felony charges connected to Hernandez's sexual abuse of the child, according to court records. Records show Hernandez fondled the boy to satisfy his own sexual desires beginning when the child was 5 years old and continuing until the child was 12 — even after Hernandez was asked to stop. Hernandez argued in his appeal that his 10-year sentence, which includes 9 years in prison and one year suspended to probation, is inappropriate because the sentencing range for a level 4 felony is between 2 and 12 years, with an advisory prison term of 6 years.
Listen now and subscribe: Apple Podcasts | Google Podcasts | Spotify | RSS Feed | SoundStack | All Of Our Podcasts However, in a 3-0 decision, the appeals court affirmed the sentence issued by Lake Superior Judge Samuel Cappas after it likewise was unpersuaded by Hernandez's claim that he deserved a shorter sentence for pleading guilty, expressing remorse and otherwise leading a law-abiding life. "His crime was not an isolated occurrence. Rather, there were repeated occurrences of sexual activity," the appeals court said.
"After due consideration, we conclude that Hernandez has not sustained his burden of establishing that his sentence of 10 years with 1 year suspended to probation is inappropriate in light of the nature of the offense and his character." Hernandez still can ask the Indiana Supreme Co.
