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RUIZ v. STATE

No. 48S02-0407-CR-329.

818 N.E.2d 927 (2004)

Afredo D. RUIZ, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

December 7, 2004.

Attorney(s) appearing for the Case

David W. Stone, IV, Anderson, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Nicole M. Schuster, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

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 described their relationship as boyfriend and girlfriend. The sole aggravating circumstance was Ruiz's four prior alcohol related...

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