NOT FOR PUBLICATION See Ariz. R. Sup. Ct. 111(c); Ariz. R. Crim. P. 31.24
Appeal from the Superior Court in Pima County No. CR41697 The Honorable Richard D. Nichols, Judge
Thomas C. Horne, Arizona Attorney General By Joseph T. Maziarz, Section Chief Counsel, Phoenix and Amy Pignatella Cain, Assistant Attorney General, Tucson Counsel for Appellee
Brubaker Law Office, Tucson By Cynthia A. Brubaker Counsel for Appellant
Judge Miller authored the decision of the Court, in which Presiding Judge Vásquez and Chief Judge Howard concurred.
¶1 Vernon Langloss appeals from his resentencing on two counts of molestation of a child and one count of sexual conduct with a minor. He contends his new sentences violate state and federal constitutional prohibitions against double jeopardy and his rights to due process, and that the trial court erred in sentencing him under the statute for dangerous crimes against children. We affirm the sentences.
Factual and Procedural Background
¶2 Following a jury trial in 1993, Langloss was convicted of multiple sexual crimes against a single child. In his opening brief, he accurately summarizes his convictions as follows:
Count Four, Sexual Conduct with a Minor under 14, inserting his penis into the victim's vulva, nonrepetitive and a dangerous crime against children[;]
Count Five, Molestation of a Child, Victim under 14, touching victim's genitals with his hand, a predicate felony and repetitive under A.R.S. § 13-604.01 to Count Four[;]
Count Six, Attempted Sexual Conduct with a Minor under 14, attempting to put his penis in the victim's mouth, nonrepetitive and a dangerous crime against children[;]
Count Seven, Molestation of a Child, Victim under 14, making the victim touch his penis, a predicate felony and repetitive under A.R.S. § 13-604.01 to Count Six[;]
Count Eight, Sexual Conduct with a Minor under 14, kissing the victim's vulva, a predicate felony and repetitive under A.R.S. § ...