State v. Hernandez

877 P.2d 1309, 1994 Alas. App. LEXIS 31, 1994 WL 392234
CourtCourt of Appeals of Alaska
DecidedJuly 29, 1994
DocketA-4380
StatusPublished
Cited by9 cases

This text of 877 P.2d 1309 (State v. Hernandez) is published on Counsel Stack Legal Research, covering Court of Appeals of Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hernandez, 877 P.2d 1309, 1994 Alas. App. LEXIS 31, 1994 WL 392234 (Ala. Ct. App. 1994).

Opinions

OPINION

BRYNER, Chief Judge.

Amelia Hernandez was convicted by a jury of one count of assault in the second degree, one count of assault in the third degree, and two counts of assault in the fourth degree. Superior Court Judge Larry R. Weeks imposed a composite sentence requiring Hernandez to serve one year of unsuspended time in jail and specifying that she could fulfill eight months of the unsuspended term by performing community work instead of actually serving time in jail. This left Hernandez four months of actual jail-time to serve. The state has appealed, arguing that Hernandez’ sentence is too lenient. We agree and, accordingly, disapprove the sentence.1

[1310]*1310FACTS AND PROCEDURAL BACKGROUND

1. The Offenses

Hernandez’ convictions stem from injuries that she recklessly inflicted against three children who were entrusted to her care when she operated an unlicensed daycare center in Juneau. Hernandez began providing daycare after moving to Juneau in 1983. On February 6, 1987, twenty-one-month-old S.O. suffered a broken leg while in Hernandez’ care. The injury went undetected until S.O.’s parents picked S.O. up at the end of the day. Hernandez claimed that another child must have fallen or jumped on S.O.’s leg. Evidently alerted by this incident, Community Care Licensing Specialist Alice Da-Costa called on Hernandez at home in February 1987. DaCosta discovered that Hernandez had eleven children under the age of six in her care. DaCosta instructed Hernandez that unlicensed daycare providers were prohibited from having charge of more than four children. DaCosta encouraged Hernandez to become licensed and instructed her to reduce to no more than four the number of children in her care.

However, Hernandez took no steps to secure a license. The following month, in March 1987, DaCosta wrote to Hernandez, reminding her of the licensing requirement, enclosing information concerning the licensing process, and asking whether Hernandez planned to become licensed. Hernandez did not respond and continued to operate her daycare business.

In October 1989, a visitor at Hernandez’ home observed at least eleven young children in her care. On approximately October 31, 1989, Hernandez caused physical injury to one of these children, three-year-old M.C., by grabbing M.C. by the neck and squeezing. Hernandez’ actions caused M.C. to become hysterical and urinate. The force used by Hernandez was sufficient to leave bruises on M.C.’s neck.

On September 17, 1990, while in Hernandez’ care, three-month-old M.R. sustained a forceful blow to her head that resulted in a life-threatening skull fracture. Although M.R. was obviously injured and unresponsive, Hernandez did not report the injury or seek medical care for the infant. When M.R.’s mother came to pick her baby up, she noticed that M.R.’s head was swollen and that M.R. was limp and lethargic. She immediately took M.R. to the hospital. The infant was found to be in critical condition upon admission.

In the immediate aftermath of the incident, Hernandez gave varying accounts to different people but consistently denied that M.R. had sustained any injury while in her care. Discovery of M.R.’s fractured skull was delayed for several hours due to Hernandez’ insistence that nothing traumatic had happened to the child. Once the skull fracture was revealed, M.R.’s Juneau physician decided that it was necessary to evacuate M.R. to Seattle, where a neurosurgeon would be available for further treatment. M.R.’s parents were forced to travel to Seattle to be with their daughter. M.R. remained hospitalized there for a prolonged period but eventually recovered. Athough M.R.’s prognosis was favorable by the time of Hernandez’ trial — approximately one year later — the possibility of future neurological complications due to her injury could not be ruled out.

Within ten days of M.R.’s injuries, the police visited Hernandez’ home on two occasions. On September 20, 1990, three days after the incident, they found that, in addition to her own two daughters (who were then twelve and seven years old), Hernandez was providing care for eleven children — two were six years old; the rest were three years old or younger. On September 26, Hernandez was revisited and was found to be in charge of seven children, not counting her own daughters. Hernandez was cited on both occasions for providing illegal daycare. She entered no-contest pleas to the charges on October 25 and was ordered to pay a fine and to complete a one-year period of probation.

[1311]*1311Within days of pleading no contest and being sentenced — sometime between October 29 and November 9, 1990 — Hernandez bruised and scratched seven-month-old S.P. about the head and body. During the same period, Hernandez inflicted injuries to S.P.’s mouth, tongue, and throat with a dangerous instrument, most likely by jamming a spoon down his throat. By the time S.P.’s parents discovered these injuries, S.P.’s mouth had become severely infected and required emergency-room treatment.

Based on these incidents and several others, Hernandez was charged by indictment with eight counts of assault (in varying degrees) and one count of reckless endangerment. Hernandez’ first trial resulted in an acquittal on four of the assault counts (including the count charging her with assault for breaking S.O.’s leg in 1987) and a conviction on the reckless endangerment count; the jury deadlocked on the four remaining assault charges.

After a second trial, Hernandez was convicted of the remaining charges: for the injuries Hernandez inflicted to M.C.’s neck in 1989, Hernandez was convicted of fourth-degree assault — recklessly causing physical injury to another person in violation of AS 11.41.230(a)(1); for breaking M.R.’s skull in September of 1990, Hernandez was convicted of assault in the second degree — recklessly causing serious physical injury to another person in violation of AS 11.41.210(a)(2); for bruising and scratching S.P., Hernandez was again convicted of fourth-degree assault — • recklessly causing physical injury; and for injuring S.P.’s mouth, tongue, and throat, she was convicted of third-degree assault- — causing physical injury by means of a dangerous instrument in violation of AS 11.41.220(a)(2).

2. The Offender

At the time of sentencing, Hernandez was forty-five years of age. Little is known of Hernandez’ childhood, because she did not provide information to the presentence investigator. Apparently, Hernandez graduated from high school and worked initially as a hairdresser in California. Hernandez married Roberto Hernandez, Jr., and the couple later moved to Texas, where Hernandez, at some point, began providing daycare in her home. The couple moved to Juneau in 1983, when Roberto Hernandez, an I.R.S. agent, transferred to the Juneau I.R.S. office. Upon moving to Juneau, Hernandez continued to provide daycare services in her home.

Hernandez has two children, daughters, who were nine and fourteen years old at the time of sentencing. There is no indication that Hernandez has ever abused or mistreated her own children. With their combined incomes, the Hernandezes maintained a seemingly stable and prosperous lifestyle. Hernandez was well liked in Juneau, and she received strong support from friends and acquaintances in the community, many of whom wrote to the sentencing court in Hernandez’ behalf expressing disbelief at her charges and conviction.

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State v. Hernandez
877 P.2d 1309 (Court of Appeals of Alaska, 1994)

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Bluebook (online)
877 P.2d 1309, 1994 Alas. App. LEXIS 31, 1994 WL 392234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hernandez-alaskactapp-1994.