State v. Ruiz, 272 P.3d 185

The Utah Court of Appeals issued a memorandum decision affirming Ruiz's convictions on two counts of aggravated sexual assault and forcible sodomy, while remanding for resentencing.
Ruiz contends the evidence was inherently improbable and insufficient to sustain the verdict given inconsistencies in the victim’s testimony and the circumstances of the alleged acts.
The acts occurred between Ruiz and the victim in an upstairs bedroom with minor children present, with disputed consent.
Medical examinations showed pain and multiple injuries; a nurse noted injuries consistent with rape and forcible sodomy, supporting the victim’s account.
The court held the evidence, including the victim’s testimony and physical findings, was not inherently improbable; credibility determinations are for the jury, and the verdict stands pending remand for resentencing under current statutes.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence was inherently improbable to support the convictions	State argues credibility and corroborating evidence support the verdict	Ruiz contends inconsistencies render the evidence inherently improbable	Not inherently improbable; verdict affirmed and remanded for resentencing
Whether Ruiz is entitled to resentencing under statutes in effect at sentencing	State concedes resentencing under old statutes	—	Remand for resentencing under the statutes in effect at sentencing

State v. Robbins, 210 P.3d 288 (Ut. 2009) (factors for inherent improbability and credibility remain with a jury)
State v. Calliham, 55 P.3d 573 (Ut. 2002) (deference to trial court on credibility is warranted)
State v. Kenison, 14 P.3d 129 (Ut. App. 2000) (defendant entitled to lesser penalty under amended statute when sentencing occurs after offense)
State v. Featherhat, 257 P.3d 445 (Ut. App. 2011) (remedies for sentencing under changed statutory scheme)