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Monday, August 06, 2007
Ind. Decisions - "Appeals Court reduces former firefighter's sentence"
Reporting on the July 31st COA decision in Joshua Cunningham v. State of Indiana (NFP), Shawn McGrath of the Kokomo Herald Bulletin writes today in a long story that begins:
In a 2-to-1 opinion, the Indiana Court of Appeals halved a former firefighter’s sentence for child solicitation.Madison Circuit Court Judge Fredrick Spencer sentenced Joshua Cunningham, 31, formerly of Chesterfield, to eight years in prison after Cunningham pleaded guilty to two counts of child solicitation, Class C and D felonies, and one count of dissemination of harmful materials to a minor, a Class D felony.
In June 2006, Cunningham exchanged explicit e-mails with what he thought was a 15-year-old girl, including sending the teen nude photos of himself. The teen girl, however, was actually an undercover Noblesville police officer. Cunningham pleaded guilty as charged, with the stipulation that the sentences run at the same time. Spencer sentenced Cunningham in October to the maximum for a Class C felony, eight years.
Cunningham has been a firefighter in Marion and Chesterfield, and Spencer cited his role as a public servant in giving him the harsh sentence. In his appeal, however, Cunningham argues that the mitigating factors in his case outweigh any aggravators, and he should have been given a lighter prison term.
Posted by Marcia Oddi on August 6, 2007 08:02 AM
Posted to Ind. App.Ct. Decisions