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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Nov 07 2008, 9:37 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: JAMES A. SHOAF Columbus, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana GEORGE P. SHERMAN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ALLAN G. BECKER, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 03A01-0801-CR-38

APPEAL FROM THE BARTHOLOMEW SUPERIOR COURT The Honorable Chris D. Monroe, Judge Cause No. 03D01-0706-FA-1115

November 7, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Allan Becker appeals his convictions and sentences for one count of child molesting as a class A felony, 1 and two counts of child molesting as class C felonies. 2 Becker raises four issues, which we revise and restate as: I. Whether there was sufficient evidence to convict Becker of child molesting as a class A felony; Whether the trial court abused its discretion in sentencing him; and Whether Becker's sentence is inappropriate in light of the nature of the offense and the character of the offender.

II. III.

We affirm in part and vacate in part. 3 The relevant facts follow. M.B., who was born in 1996, and B.B., who was born in 1998, were best friends, and M.B. would sometimes sleep over at B.B.'s house. Becker, B.B.'s father, played "tickle fights" with the girls. Becker touched M.B. on her "pee-pee" area with his hand about "four or five, maybe six" times, and touched B.B.'s "privates" about six times. Transcript at 28-29, 32. Becker moved M.B.'s underwear and touched her "in the private." Id. at 32. Becker also spanked M.B. and B.B. Becker

1

Ind. Code

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