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Friday, Apr. 29, 2016

Sex offender denied lighter sentence

Tuesday, January 22, 2013

A local man convicted of sexual offenses against a child has lost an appeal for a reduced sentence.

Desi Kris Moore received a 25-year sentence from Circuit Court Judge Robert Crigler in 2011 after being convicted of rape of a child, a class A felony, and aggravated sexual battery, a Class B felony.

Moore claimed that his sentence was excessive and contrary to law, but appellate judge John Everett Williams disagreed.

According to the record of the jury trial, Moore committed two acts with a boy less than 13 years of age, and had admitted to them both during the trial and the investigation.

Lowest sentence

Crigler ordered the 25-year minimum sentence for rape of a child at 100 percent, and 12 years for aggravated sexual battery, also at 100 percent, with the sentences to be served concurrently.

Crigler took into account Moore's criminal history, what he said at the trial and information contained in his presentence report, stating Moore was under investigation for allegedly having possession of thousands of electronic images involving sexual acts of minors.

The judge also said he did not have psychological proof to impose the two sentences consecutively, which would have given Moore a 37-year sentence.

Williams noted that Moore's own admission, plus the information about the images, warranted the 25-year sentence, which was the least he could have received.

Williams also wrote that since Moore's attorney did not present any specific authority to support his position of an unconstitutional issue, the appellate court refused to address the issue.