Aggravating Factors in Child’s Death 10 Feb 12

A judge’s order issued on Wednesday means that Sergio Turrubiates could see a longer sentence for his second-degree murder conviction in the death of 19-month-old Tiana Moore in December of 2010.

The 21-year-old Turrubiates, of Olivia, pleaded guilty on January 31st to second-degree murder, without intent – child endangerment.

The presumptive sentence for the charge is 153 to 216 months in prison. The ruling means the court could impose a sentence of up to 240 months under terms of a plea agreement reached earlier.

The West Central Tribune reports District Judge Dwayne Knutsen found that the state proved beyond a reasonable doubt that there were “aggravating factors’’ in the commission of the crime. Minnesota statute sets out the process for a court to find “aggravating factors” that allow the court to then deviate from the sentencing guidelines in the case.

Turrubiates was caring for Tiana Moore in her mother’s apartment in Olivia on December 22nd when she suffered severe injuries to her head. Moore died on December 24th.

Sentencing is scheduled for March 30th