IN THE DISTRICT COURT OF SHAWNEE, COUNTY KANSAS

DIVISION 11

TRANSCRIPT OF COURT'S DECISION

THE COURT: All right.

Well, I can certainly appreciate that there is a strong difference of opinion as to what an appropriate sentence should be, and what the Court should do.

In my judgment-- and I'm the one that has to take responsibility for this-- but, in my judgment, the defendant through counsel and through his medical expert has provided the Court with substantial and compelling reasons to depart of a durational-- well, not of a durational, but of a dispositional judgment.

I agree that the defendant has some positive things going for him, and some things that make this situation, although on paper is horrible, horrible, I think that it falls really in the category of a very great, and very disastrous lack of judgment on his part, and a failure of being able to, for whatever reason, to act as a mature individual. I give attention to the things that the defendant has pointed out, the family support, the economic stability. I think the depression was a major factor in this situation. I do believe that the defendant's intent was less serious than it would otherwise be because of the circumstances that he was in and because of the situation that he found himself in. So, I am going to-- I am going to depart for the reasons suggested by the defense.

I am very appreciative of the harm and the difficulties caused by the defendant's actions to the victim and her family. However, the victim, I'm very much persuaded by B's comments. She is, I think thankfully for everybody involved in this, not seeking any kind of vengeance, not seeking any kind of ill will towards the defendant herein. And I think that's important. It's important to me and it's important to the appropriate disposition of the case.

So, I am going to sentence the defendant to the medium range on the sentencing guidelines. I will go through them count by count. 155 on the rape charge; 117 on the sodomy; 117, again, on the other sodomy; 117, again, on the sodomy; 59 on the sodomy; 59 on the sodomy; 59 on the sodomy; 59 on the sodomy; 59 on the sodomy; 59 on the sodomy; 59 on the sodomy; 59 on the sodomy; 59 on the sodomy; 59 on the sodomy; 59 on the sodomy; 59 on the sodomy; 59 on the sodomy.

My intent is to impose the mid-range on all of those counts. I'm going run those counts concurrent, one with the other. I believe that this, although they were separate acts, I believe that this was one basic transaction, and I think concurrent sentences are warranted under the circumstances. I'll suspend those. And the post-release supervision would be 36 months. I'm going to suspend those sentences, and place the defendant on intensive supervised probation to Community Corrections for 36 months.

I'll require that he continue to be involved in psychological counseling. I'll require that he continue the medication as previously indicated. The costs in this case are $163, probation fee is $50. Defendant will be required to do DNA testing. I have attorney fees of $4,000, I'll impose that. I will waive the application fee.

Mr. Cisneros, are you willing to accept probation under these terms and conditions?

DEFENDANT CISNEROS: Yes, sir, I am.

THE COURT: Okay. Either side will have the opportunity to appeal within ten days. Defendant will be allowed to have assistance for procurement of counsel to process the appeal if that's appropriate.

I'll also impose the jail sanctions that are customary for Community Corrections imposition by the probation officer.

MR. DUNBAR: Restitution be open for 30 days?

THE COURT: Restitution will be allowed.

MR. DUNBAR: And the defendant be required to register as a sex offender?

THE COURT: Defendant will be required to register as a sex offender. That will be the order of the Court.