Sentence stands in sexual assault case
A decades-long sentence handed down in a sexual assault case stands in the wake of a Friday morning hearing.
Michael D. Wolfe, 21, of Russell, was sentenced to 21 to 42 years incarceration by President Judge Maureen Skerda last month.
According to the affidavit of probable cause, Wolfe touched the alleged victim inappropriately and “made her view pornography.”
During a forensic interview, the alleged victim “advised that the defendant would offer her candy and his cellular device during the commission (of) this crime,” according to the affidavit.
Two motions were before the court – one that aimed to lessen the sentence and another that could enhance it.
Chief Public Defender Kord Kinney said that his motion is “asking for a lesser sentence,” citing Wolfe’s lack of a prior record and relative youth.
Assistant District Attorney Casey Strickland on the other hand argued that some of the counts that Skerda merged at sentencing shouldn’t merge, though she said she was not seeking additional jail time for Wolfe.
Skerda noted that she would have to resentence Wolfe if the counts that brought lifetime Megan’s Law offender registration were run concurrently. That’s because each would require three years of mandatory probation.
That change would stretch the total sentence considerable as there were nine such offenses that Wolfe was found guilty of at trial.
Skerda denied the request for a lesser sentence, citing the “continuing course of conduct” that occurred “over and over.”
She said she would take the Commonwealth’s motion under advisement and either modify the sentence or resentence Wolfe.