SANTA ANA, Calif. – The Orange County district attorney has appealed a judge's decision to give less than half the mandatory sentence to a man who sodomized a 3-year-old girl.
Tony Rackauckas announced the appeal Thursday. The district attorney has said he believes the April 3 ruling by Superior Court Judge M. Marc Kelly was illegal.
Kelly gave Kevin Rojano-Nieto 10 years instead 25 years to life, ruling the mandatory sentence was unconstitutional cruel and unusual punishment.
Kelly said a court-ordered examination concluded Rojano-Nieto wasn't a sexual predator and acted on impulse when he attacked a relative. He also said the girl's parents had asked for leniency.
The ruling outraged victims' rights groups and sparked recall demands. County supervisors also plan to vote on a resolution calling for the judge to resign.