DATE: 20030624 DOCKET: C39271

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent - and - CARLOS FUENTES (Appellant)

BEFORE:

DOHERTY, ROSENBERG and ARMSTRONG JJ.A.

COUNSEL:

Richard Litkowski for the appellant

Nick Devlin for the respondent

HEARD & ENDORSED:

May 28, 2003

On appeal from sentence imposed by Justice Bigolow on November 22, 2002.

APPEAL BOOK ENDORSEMENT

[1] The trial judge made it clear that he expected that the appellant would receive appropriate medical attention, including surgery to deal with the very serious eyesight condition. The fresh evidence placed before the court shows that the appellant has not received this treatment and his condition continues to deteriorate. This is a completely unacceptable situation and has resulted in the appellant serving sentence on extremely harsh conditions.

[2] Accordingly, leave to appeal sentence is granted and the sentence is reduced to time served. We see no reason for adding any probation term given the appellant's age and health.