Allegan County rapist will remain in jail after Michigan Court of Appeals upholds conviction

ALLEGAN COUNTY – A longtime prisoner convicted of first-degree criminal sexual conduct, break and enter and assault with intent to steal will remain in jail following a decision by the Court of Appeals of Michigan.

Daniel Galaviz was convicted in 1994 in Allegan County Circuit Court after breaking into his colleague’s home, sexually and physically assaulting her and demanding money.

He was originally sentenced to consecutive prison terms of 50 to 75 years for first-degree CSC, 20 to 30 years for assault with intent to steal while unarmed, and 20 to 30 years for breaking and entering with intent to commit theft.

Years later, Galaviz appealed, arguing that the court should not have considered any disciplinary credits he may have earned while incarcerated. The Michigan Court of Appeals agreed because, as a repeat offender, Galaviz does not get disciplinary credits and will not be eligible for parole until he completes his minimum sentence.

The court returned the case to the Allegan County Circuit Court for re-sentencing.

At the time of his appeal, Galaviz requested a 25-year minimum sentence for the CSC charge, saying he is no longer a threat to society, his family is eager to support him, and his physical health is improving. deteriorated.

As the court heard his argument, the judge noted: “I must admit that this is a very serious case which involved very disturbing facts and which culminated in the brutal rape of a woman who did not deserve to be treated the way you treated her.

“And so when I look at sentencing I have to consider what is reasonable and proportionate to the crime and I have to look at various purposes of sentencing which also include rehabilitation and punishment and protection of society.”

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The court noted that Galaviz had yet to receive sex offender treatment in prison due to a waiting list and had racked up 138 misconduct violations – although none were found in the two last years.

The court returned with 40 to 75 years for CSC, 10 to 30 years for assault and 10 to 20 years for break and enter, giving Galaviz credit for 10,052 days served.

Galaviz responded with another appeal in 2021, arguing that the court erred in not saying whether he was required to follow sentencing guidelines, but the appeals court ruled on his argument. “not preserved” – ultimately upholding the new conviction.

Under the new sentencing terms, Galaviz must serve a minimum total of 60 years in prison, putting his earliest release date in 2054.

— Contact journalist Cassandra Lybrink at [email protected] Follow her on Instagram @BizHolland.

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