District Court, Salt Lake Department The Honorable Ann Boyden
Fujino, Attorney for Appellant
D. Reyes and Lindsey L. Wheeler, Attorneys for Appellee
J. Frederic Voros Jr. authored this Opinion, in which Judges
Kate A. Toomey and David N. Mortensen concurred.
Luis Antonio Galindo appeals the district court's
decision to sentence him to two consecutive prison terms. We
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."
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.
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
[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
THE COURT: . . . Mr. Galindo . . . defense counsel has asked
for concurrent. There's nothing further. Is that Mr.