Rapist’s life sentence will be appealed

Dan Kulin

Friday, Jan. 17, 2003 | 11:08 a.m.

A convicted rapist who has already spent much of his life in prison will appeal the life sentence he received Thursday after a judge labeled the man a habitual criminal, his attorney said this morning.

Vincent Mark Santana appeared before District Judge Michael Douglas on Thursday to be sentenced for failing to notify authorities of his change of address, which he must do as a sex offender. It normally carries a sentence of up to four years in prison.

But that combined with Santana's multiple prior rape convictions and pending charges that include allegations that he used a jailhouse telephone to harass women persuaded Douglas to sentence Santana to life without the possibility of parole.

Santana, 44, has at least three prior rape convictions and has spent 23 of the past 25 years in prison, his attorney Gabriel L. Grasso said.

Grasso said he will appeal the conviction and sentence to the Nevada Supreme Court next week.

Santana should not have been convicted of failing to notify authorities of his new address, because Santana was arrested "within hours of his change of address," Grasso said.

In addition, Grasso said, a conviction for failing to notify authorities of an address change is not a serious enough offense to trigger a habitual criminal label.

Santana was last released from prison in April 2001 and was arrested in February 2002 on charges of kidnapping and sexually assaulting a part-time prostitute, the judge said.

Santana was acquitted of those charges. But now Santana faces charges of using the prison phone to harass women while in custody on those charges.