Sheriff v. Morfin

OPINION

In December of 1989, respondent Joseph Charles Morfin was convicted of one misdemeanor count of annoyance or molestation of a minor and four felony counts of lewdness with a child under the age of fourteen. Only one child victim was involved in these counts.

During respondent’s sentencing hearing, the state presented testimony from two other child victims. These children testified that respondent had also molested them. Because there were multiple victims, the state argued during the hearing for the maximum sentence. The district court, however, declined to impose the maximum penalty…