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Court Upholds Lighter Sentence in Sexual Assault Case

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NBC 7 San Diego

A New Hampshire man convicted of sexually assaulting a 7-year-old girl has again been sentenced to six years in prison after a dispute over whether a judge could change his mind about the harsher sentence he originally imposed.

In 2014, Carroll County Superior Court Judge David Garnfunkel sentenced Joshua Baud of Wakefield to 7 1/2 years in prison for the 2006 assault. But a few days later, Garfunkel said he wanted to impose a lighter sentence of six years because he had not properly balanced the goals of punishment, deterrence and rehabilitation.

After prosecutors objected, the state Supreme Court ruled that Garfunkel had the authority to revise the sentence, and sent the case back to him. But he has since retired, and the new sentence was issued Friday by another judge.

Copyright AP - Associated Press
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