Montalvo had been facing five felony charges. But in the middle of a jury trial, Judge H. Harrison Braxton Jr. dismissed three of the charges and reduced two to misdemeanors, saying there was no evidence that Montalvo intentionally infected the now 19-year-old woman.

"This gentleman has given my daughter a death sentence and all he gets are misdemeanor convictions," the mother said. "There's no justice in that."

According to evidence presented by prosecutors Caleb Frigerio and Eric Olsen, Montalvo learned in March 2004 that he was HIV-positive. He had gotten the virus from sex with men, according to testimony.

The victim, who testified that she was an 18-year-old virgin at the time, said she was flattered by Montalvo's attention and had protected sex with him in his car the day after she met him.

The victim found out in May of last year that she was HIV-positive. Though she had two more boyfriends after Montalvo, the woman said he was the only one with whom she'd had unprotected sex.

Detective Don Lenhart said Montalvo admitted knowing he had HIV during a Sept. 1 interview. Told that he may have passed it on to the woman, Lenhart quoted Montalvo as saying, "Life is like that."

She said it costs $1,600 a month for the medication she needs and $1,600 every two months for blood work. She said the victim won't be covered by the family insurance policy once she turns 23 or if she's no longer able to remain a student.

"We don't want her to die but because of what he did that's what could happen," the sobbing mother said. "If I could give my life for hers right now, I would. It's not supposed to be this way."

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