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Mar 20, 2016 12:37 PM

Sex-assault sentence returns to court after judge's waffling

The Associated Press

CONCORD — Lawyers for a New Hampshire man sentenced to more than seven years in prison for sexually assaulting a 7-year-old girl hope he can make a second bid to have his sentence reconsidered, after a judge went back and forth on the matter.

Thirty-three-year-old Joshua Baud, of Wakefield, was sentenced in September 2014 to 7½ years in connection with the 2006 assault. Days later, Judge David Garfunkel said he had reconsidered, wanted to reduce the sentence and went through "much soul searching." After a state Supreme Court challenge, Garfunkel decided to let the sentence stand.

Baud's lawyers are before the state Supreme Court once again on the subject of sentence reconsideration, saying if they prevail, their case could be heard by another judge. Garfunkel has since retired.

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