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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
Dec 22 2008, 9:22 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: KATHERINE C. LIELL Liell & McNeil Attorneys Bloomington, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana STEPHEN TESMER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
AMANUAL K. GIRMA, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 53A04-0802-CR-89

APPEAL FROM THE MONROE CIRCUIT COURT The Honorable Mary Ellen Diekhoff, Judge Cause No. 53C05-0703-FB-274 and 53C05-0610-FB-551

December 22, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Amanual Girma pleaded guilty to Possession of Cocaine,1 a class D felony, and Criminal Deviate Conduct,2 a class B felony. On appeal, he challenges the fifteen-year consecutive sentence imposed for the criminal deviate conduct conviction. He presents the following consolidated and restated issues for review: 1. Did the trial court abuse its discretion when it found as an aggravating circumstance that the harm suffered by the victim was significant and greater than the elements necessary to prove the commission of the offense? Is Girma's sentence inappropriate in light of his character and the nature of the offense?

2.

We affirm. Just after midnight on July 7, 2006 in Bloomington, A.P. closed the door to her upstairs bedroom and went to sleep. Several of her friends had come home and were entertaining men downstairs whom they had met at the bars that night. Girma was one of the guests. A.P. did not know Girma and was not involved in the social gathering. At some point, Girma left the group and went upstairs. He entered A.P.'s bedroom while she was asleep and proceeded to remove her underwear. A.P. awoke to find the stranger on top of her with his mouth on her vagina. Girma then pulled down his pants, exposing his penis, and touched his penis to her vagina. When A.P. spoke up, Girma quickly got up and fled downstairs and out of the residence. On October 17, 2006, the State charged Girma under cause number 53C05-0610-FB-

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Ind. Code Ann.

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