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In rare move, Medvigy replaces 'cruel and unusual' mandatory life term with a lesser charge, criticizes prosecutors

Delivering pointed comments to prosecutors and legislators, a Sonoma County judge Tuesday dismissed a defendant's attempted sexual assault conviction, saying the mandatory life sentence was "cruel and unusual punishment" for a case in which the defendant never physically touched the victim.

Instead, in a rare judicial move, Judge Gary Medvigy replaced the jury decision with a lesser charge: residential burglary, which carries a maximum of six years in prison.

"The court can find no rationality in a mandatory life term with the facts and defendant before me," he said, dismissing the primary charge "in the interest of justice."

"Imposing a life term in this case is constitutionally impermissible," he said.

He also had stern words for prosecutors, suggesting it appeared they may have been more interested in getting a conviction than in serving justice.

The case involves Jaime Hernandez Gonzalez, 24, of Occidental, who was convicted last month of assault with the intent to commit a sex crime during a burglary. On Dec. 22, 2007, he entered a Cotati-area home through an unlocked sliding door, stripped naked and approached one of two young women who were sleeping there.

He removed the pajama bottoms of a 21-year-old woman as she and her 20-year-old friend screamed. Both women fled, as did Hernandez Gonzalez, without further incident.

Hernandez Gonzalez had no prior criminal record.

Judges can overturn juries' verdicts or modify their findings but do so very rarely and most often to correct legal errors. Medvigy said the jury didn't err but may have been confused on the legal requirements of intent to commit a crime.

Jurors are not permitted to know or consider potential punishments during deliberations. One juror in the case was dismissed after learning Hernandez Gonzalez faced a life sentence if convicted. He said he couldn't sleep knowing that was the potential outcome.


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