Legal Opinion

Ruiz v. State

Indiana Supreme Court

Decided December 7, 2004No. 48S02-0407-CR-329PublishedCited by 38 opinions

1Opinion of the Court

BOEHM, Justice.

Afredo D. Ruiz, was sentenced to the maximum of twenty years after pleading guilty to child molestation, a Class B felony. The presumptive sentence for a Class B felony is ten years. Ind.Code § 35-50-2-5 (2004). Ruiz, twenty years old at the time of the crime, had sexual intercourse with a thirteen-year-old girl who deseribed their relationship as boyfriend and girlfriend. The sole aggravating cireumstance was Ruiz's four prior alcohol related mis demeanors. We hold that Ruiz's sentence is inappropriate in light of the lack of more severe aggravating cireumstances and the…

2Cases cited9 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. Serino v. StateIndiana Supreme Court · 2003
  3. Wooley v. StateIndiana Supreme Court · 1999
  4. Widener v. StateIndiana Supreme Court · 1995
  5. Sensback v. StateIndiana Supreme Court · 1999

4 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Childress v. StateIndiana Supreme Court · 2006
  2. Taylor v. StateIndiana Supreme Court · 2006
  3. Cotto v. StateIndiana Supreme Court · 2005
  4. Martez Brown v. State of IndianaIndiana Supreme Court · 2014
  5. Harris v. StateIndiana Supreme Court · 2008

33 more not listed; retrieve them via the Exa API.

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