A Union City man who successfully won the right to a new sentencing hearing for his conviction of child rape will spend an even longer time in prison.
Donald D. Carnes, 23, was sentenced Friday in Erie County Court to serve 20 to 40 years in state prison on charges he raped and sexually assaulted a girl when she was 7 and 8 years old, the Erie Times-News reported.
President Judge Shad Connelly sentenced Carnes.
In May 2014, then-President Judge Ernest J. DiSantis Jr. sentenced Carnes to serve 18 to 36 years in state prison. Carnes was convicted by DiSantis in a nonjury trial in January 2014 of felony charges of rape of a child, corruption of minors, endangering the welfare of children, indecent assault and aggravated indecent assault and a misdemeanor count of indecent exposure.
But Carnes appealed the sentence, claiming it was too harsh.
The Superior Court rejected Carnes' appeal, but on its own accord, sent the case back to Erie County for resentencing because of recent changes governing mandatory minimum sentencing provisions, which had been applied to Carnes' case.
In hearing the case, Connelly was not bound by Carnes' earlier sentence. Based on his review of the case, Connelly's sentence of 20 to 40 years in prison was within state sentencing guidelines.