Sexual assault case remanded for reduced sentence

The Nevada Supreme Court says a judge can't have jurors change their verdict after it has been read and the panel dismissed.

The decision will result in Francisco Garcia being sentenced for statutory sexual seduction instead of sexual assault involving a girl under 14.

Garcia was sentenced to life on the sexual assault charge with another seven years for lewdness with a minor under age 14.

Garcia's lawyers appealed the sentence on a variety of issues, including that the jury presented its verdict finding him guilty of statutory sexual seduction, not the more serious assault. The judge asked the jurors if that was their verdict and they said yes. But after the panel was dismissed, the judge called them back and allowed them to replace that verdict with a verdict of sexual assault.

"By doing so, the district court allowed the entire jury to impeach its own verdict," said the high court, ordering that the conviction be changed back to the lesser charge of statutory sexual seduction.

The case was sent back to Nye County District Judge John P. Davis for resentencing.