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Appeals Court Overturns Assault Sentence
A Fairbanks man convicted of sexually assaulting a young girl will be re-sentenced.
FAIRBANKS- A Fairbanks man convicted of sexually assaulting a young girl will be re-sentenced.
The Court of Appeals determined that a 50-year prison sentence for Joseph Turney was made in error.
The former school bus driver was arrested in January 2009. He pleaded no contest to abusing one victim from age 11 to 18.
Prosecutors argued and a sentencing judge agreed that the case involved an aggravating factor. Judges can add time to a sentence if a defendant has engaged in additional conduct similar to the crime for which he was convicted.
Appeals Court judges, however, said conduct that resulted in a conviction could not also be an aggravator. Previous courts have determined that amounts to double punishment for the same conduct.