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State v. Galindo

Court of Appeals of Utah

July 20, 2017

State of Utah, Appellee,
v.
Luis Antonio Galindo, Appellant.

         Third District Court, Salt Lake Department The Honorable Ann Boyden No. 121905052

          Ronald Fujino, Attorney for Appellant

          Sean D. Reyes and Lindsey L. Wheeler, Attorneys for Appellee

          Judge J. Frederic Voros Jr. authored this Opinion, in which Judges Kate A. Toomey and David N. Mortensen concurred.

          OPINION

          VOROS, Judge:

         ¶1 Luis Antonio Galindo appeals the district court's decision to sentence him to two consecutive prison terms. We affirm.

         BACKGROUND

         ¶2 The victim in this case (Victim) and her mother (Mother) lived with Galindo. Mother and Galindo were romantically involved. When Victim was 15 years old, Galindo started engaging in regular sexual relations with her, which continued until Victim was 17 years old. Although Victim said she had feelings for Galindo at one point, she also "saw him as a father figure, " "wanted him to be [her] dad, " and "wanted to be a family."

         ¶3 The State charged Galindo with two counts each of forcible sodomy and rape, all first degree felonies. Victim testified at the preliminary hearing. Pursuant to a plea agreement, Galindo pleaded guilty to two charges of unlawful sexual conduct with a 16 or 17 year old, third degree felonies. The judge who received Galindo's plea did not preside over the preliminary hearing.

         ¶4 After pleading guilty, Galindo waived the minimum time for sentencing and requested that the court sentence him immediately. He requested that his sentences run concurrently because he had already served 17 months in a maximum-security facility, he faced deportation, and he "accepted his responsibility for the conduct that he's guilty of and that he's pled guilty to." The State requested that Galindo's sentences run consecutively because, to "satisfy his sexual urges, he took them out on his step-daughter." The State argued that "[i]nstead of being a father figure and caring for [Victim] and supporting her, he took advantage of her emotional state." After the State concluded, Galindo asked for permission to address the court:

[GALINDO]: Can I say something in my defense? No?
THE COURT: This is the time to pronounce sentencing, I want you to discuss with [your counsel], certainly, before I pronounce sentencing.
(Inaudible conversation)
THE COURT: . . . Mr. Galindo . . . defense counsel has asked for concurrent. There's nothing further. Is that Mr. ...

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