State v. Gustafson (USA)

Lee Gustafson entered no contest pleas to one count of repeated sexual assault of a child and one count of second-degree sexual assault of another child. The court imposed concurrent sentences totaling four years’ initial confinement and five years’ extended supervision. Instead, citing new factors, he requested a reduced sentence of two years, six months’ initial confinement and six years, six months’ extended supervision. The circuit court denied the motion without a hearing and denied Gustafson’s motion for reconsideration. Gustafson appealled, contending that the sentencing court erred by not considering his diagnosis of gender identity disorder as a factor that would apparently justify a reduced sentence.

Gender Identity Watch

BbA6JSEIUAACMxF418803_263940093717946_1310387613_nA man lost his argument that his diagnosis of gender identity disorder should have led to a reduced sentence for sexually assaulting children.

Lee Gustafson entered no contest pleas to one count of repeated sexual assault of a child and one count of second-degree sexual assault of another child. The court imposed concurrent sentences totaling four years’ initial confinement and five years’ extended supervision. Instead, citing new factors, he requested a reduced sentence of two years, six months’ initial confinement and six years, six months’ extended supervision. The circuit court denied the motion without a hearing and denied Gustafson’s motion for reconsideration. Gustafson appealled, contending that the sentencing court erred by not considering his diagnosis of gender identity disorder as a factor that would apparently justify a reduced sentence.

The appellate court rejected his arguments, finding that the lower court appropriately considered the seriousness of the offenses, Gustafson’s character and the need to protect…

View original post 345 more words