Allegan County rapist will remain in prison after Michigan Court of Appeals upholds resentencing

Cassandra Lybrink, The Holland Sentinel
·2 min read
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ALLEGAN COUNTY — A longtime prisoner convicted of first-degree criminal sexual conduct, breaking and entering, and assault with intent to rob will remain in prison following a decision by the Michigan Court of Appeals.

Daniel Galaviz was convicted in 1994 through the Allegan County Circuit Court after breaking into his coworker'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 rob while unarmed, and 20 to 30 years for breaking and entering with intent to commit a larceny.

A longtime prisoner convicted of first-degree criminal sexual conduct, breaking and entering, and assault with intent to rob will remain in prison following a decision by the Michigan Court of Appeals.
A longtime prisoner convicted of first-degree criminal sexual conduct, breaking and entering, and assault with intent to rob will remain in prison following a decision by the Michigan Court of Appeals.

Years later, Galaviz appealed, arguing the court shouldn't have taken into account disciplinary credits he might have earned while incarcerated. The Michigan Court of Appeals agreed because, as a habitual offender, Galaviz doesn't earn disciplinary credits and won't be eligible for parole until he serves his minimum sentence.

The court remanded the case to the Allegan County Circuit Court for resentencing.

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

While the court heard his argument, the judge noted, "I do have to acknowledge that this is a very serious case that involved very disturbing facts and it resulted in the brutal rape of woman who didn’t deserve to be treated in the way that 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 goals of sentencing which include rehabilitation and punishment also and protection of society."

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The court noted Galaviz had yet to receive sex-offender treatment in prison because of a waitlist, and had accumulated 138 misconduct violations — although none were accrued in the most recent two years.

The court came back with 40 to 75 years for CSC, 10 to 30 years for assault and 10 to 20 years for breaking and entering, giving Galaviz credit for 10,052 days served.

Galaviz responded with another appeal in 2021, arguing the court erred by not saying whether it was required to follow sentencing guidelines, but the appeals court found his argument "unpreserved" — ultimately affirming the resentencing.

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

— Contact reporter Cassandra Lybrink at cassandra.lybrink@hollandsentinel.com. Follow her on Instagram @BizHolland.

This article originally appeared on The Holland Sentinel: Allegan County rapist will remain in prison after Michigan Court of Appeals upholds resentencing