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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.

ATTORNEY FOR APPELLANT: KENNETH R. MARTIN Goshen, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana J.T. WHITEHEAD Deputy Attorney General Indianapolis, Indiana

FILED
Jun 15 2010, 9:45 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
ANDRES SANCHEZ, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 20A04-0912-CR-720

APPEAL FROM THE ELKHART SUPERIOR COURT The Honorable George W. Biddlecome, Judge Cause No. 20D03-0707-FA-44

June 15, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Following a jury trial, Andres Sanchez1 was convicted of three counts of class A felony Child Molesting2 and sentenced to an aggregate term of eighty years. Sanchez raises the following three restated issues for review: 1. Did the prosecutor's redirect questions to the victims' mother and comments during closing argument constitute fundamental error? Was the evidence sufficient to support Sanchez's conviction for child molesting in Count III? Is Sanchez's aggregate sentence inappropriate?

2.

3.

We affirm. The facts most favorable to the convictions follow. In October 2002, Sanchez married Ruth Congdon, who had two daughters, B.S.(1), born March 14, 1998, and B.S.(2), born March 9, 2001. Sanchez was a father figure to the girls, and they referred to him as Dad. During 2006 to 2007, Sanchez, on at least two separate occasions, took six-year-old B.S.(2) from her bedroom into the living room, where he pulled down her pajama pants and touched her "private" area where she would "[p]ee" with his finger and rubbed it in a circular motion. Transcript at 281. Around May 2007, Sanchez also took nine-year-old B.S.(1)-- who, in January 2007, had surgery to remove a brain tumor--into the living room and used his hand and fingers in a back and forth motion to touch her "[f]ront butt", or the part of her body where she "pees." Id. at 353. In May 2007, after finding out what Sanchez had done to B.S. (1) and B.S.(2),

1

Sanchez was also known as Roberto Garza.

2 Ind. Code Ann.

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