State v. Salinas

BERNSTEIN, Chief Justice.

Defendant pleaded guilty to the crime of second degree rape and was sentenced to not less than 20 nor more than 40 years imprisonment. He appeals on the basis that the sentence is excessive.

Defendant was charged with the rape of his 11 year old step-daughter. He is the father of five other children by his common-law wife. He has no prior felony convictions. He contends that under the circumstances the sentence was excessive.

The statute under which defendant was sentenced authorizes imprisonment for any term of years in excess of one year, including a life sentence.…