Fresno man serving 26 years for rape could leave prison sooner under new California law - Fresno Bee
A convicted Fresno rapist could have his 26-year sentence reduced under a new California law aimed at criminal justice reform and prison crowding.
Senate Bill 567 became effective on Jan. 1 and not only affects current cases but can also be applied to those already convicted like Ernesto Olivas of Fresno.
A jury in 2019 found Olivas guilty of forcible rape, forcible oral copulation and false imprisonment. Olivas was convicted of sexually assaulting a female janitor on Feb. 24, 2015. He was accused of entering her workplace near closing time, coming up behind her and violently raping her, said prosecutor Andrew Janz.
Although the victim did not get a good look at his face because he was wearing a mask, Olivas left behind a key piece of evidence, his backpack with his personal information.
Olivas was sentenced to 26 years — the bulk (16 years) on the forcible rape conviction.
But under the new sentencing law, Olivas could have four years shaved off his total sentence, if a judge agrees he has met the criteria for resentencing.
Prosecutor Andrew Janz’s argument
Janz disagrees with the new law, calling it unconstitutional and an insult to sexual assault victims.
“This law is moving away from public safety and the rights of victims,” Janz said. “And we need to start pushing back.”
The new law specifies three possible sentence terms (lower, middle and upper) that the court can select depending on specific criteria.
In Olivas’ case, those criteria, or aggravating factors, included prior violent criminal history, poor performance on probation and increasing criminality and planning and sophistication.
Janz argued Monday that “the aggravating factors were inherently proven beyond a reasonable doubt within the jury’s verdict.”
“If the court finds that the factors were not proven, the People are entitled to a jury trial or court trial on those factors,” Janz wrote in a brief to Judge Jonathan Conklin.
Olivas’ public defender Marina Pincus argued that under SB 567, the court did not meet the threshold for giving Olivas the maximum term of 16 years for the forcible rape conviction. She said it should have been the middle term of 12 years.
Plus, Pincus said, “This type of resentencing does not say the prosecution has the opportunity for a new trial to address any sentencing issues.”
Judge Conklin did not rule on the issue Monday. Instead he asked both sides to return on May 16 for further argument.
source: https://www.fresnobee.com/news/local/crime/article260530662.html
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