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Man sentenced to prison for raping intoxicated woman

Crime Watch

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IDAHO FALLS — A Shelley man who raped an Idaho Falls woman was sentenced Monday in Bonneville County.

Delfino Cruz was sentenced to 12 years in prison with two years fixed after raping a woman in Aug. 2016. He was arrested and charged with rape while the victim was incapable of resisting on Nov. 3, 2016.

According to court documents, the 33-year-old victim was intoxicated when Cruz raped her.

Cruz initially entered into a plea deal that reduced his charge to felony battery. He breached the agreement by failing to receive a psychosexual evaluation within an appropriate amount of time. That breach allowed the prosecution and the defense to argue freely for what punishment they thought was fitting.

Bonneville County Chief Deputy Prosecutor John Dewey told EastIdahoNews.com he argued for 15 years in prison with three years fixed while the defense argued for probation. Ultimately District Judge Dane Watkins imposed 12 years with two fixed along with a $1,000 fine plus restitution, which will be decided at a later date.

Cruz will be required to register as sex offender.

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