Photo from: Chris Conde/Journal-World
A man from Topeka, who was to be tried for rape after two weeks, instead entered Thursday in Douglas District Court up to two accusations of a sexually motivated aggravated battery.
The man, 23-year-old Daniel James Garcia-Hernandez, was originally charged with a crime for raping a person who was unconscious or powerless, according to billing documents. The incident is believed to occur on January 16, 2022. His process is scheduled for February 10.
Garcia-Hernandez has pleaded guilty to two accusations of a sexually motivated aggravated battery, and both high-level crimes. In this way, he avoids the risk of being sentenced to rape and receive up to 12 years in prison. Instead, he agreed to serve for about three years and register as a sexual criminal as recommended by the state.
Judge Stacey Donovan, accepting Garcia-Hernandez’s request, said she was not bound by the state’s recommendations and that he could give him a longer term if he considered it good. Donovan can condemn Garcia-Hernandez up to 43 months, 3.6 years, with each number working consistently seven years in accordance with Kansas’s sentence guidelines.
District prosecutor Samantha Foster’s assistant said the state found that Garcia-Henndez had caused the woman a major bodily harm and that the battery was sexually motivated, which means that Garcia-Henndez would have to register as a sexual criminal. She said that Garcia-Henandez would not be allowed to ask the court for a sentence in sentence and he agreed to serve his time in prison.
Garcia-Hernandez is intended to be sentenced on March 3. He is currently free on a $ 75,000 bond. The magazine of the magazine has requested the photo of the reservation of Garcia-Hernandez from the Douglas County Sheriff’s office.