McCann v. State

BOEHM, Justice.

We hold that the pregnancy of a victim, like any other circumstance that may extend the harm inflicted by a crime, may be an aggravating circumstance in sentencing whether or not the perpetrator is aware that the victim is pregnant.

Factual and Procedural Background

On August 2, 1997, Mario McCann visited A.L. and Anthony Dozier at their home. After McCann left, A.L. went upstairs, fell asleep, and awoke to find McCann in her bedroom. McCann told A.L. he had a gun and would use it if she did not remain silent. He attempted to pull off her bed-covers, touched her breasts, and then…