State v. Hernandez

Agustín Castro Hernandez was convicted of rape in the first degree and robbery in the first degree upon his plea of guilty. He appeals his exceptional sentence of 159 months on the rape conviction, to run concurrently with his 82-month sentence on the robbery conviction. The standard sentence for this offense was 86 to 106 months, based upon an offender score of 2. We affirm.

In the sentencing memorandum, Mr. Hernandez stipulated to the following facts: Mr. Hernandez is a 17-year-old Mexican male illegally in this country. The victim, C.B., is a 26-year-old female. After drinking heavily…