Preview:

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: PATRICIA CARESS McMATH Indianapolis, Indiana

FILED
Aug 28 2009, 9:21 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

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

No. 42A05-0901-CR-3

APPEAL FROM THE KNOX SUPERIOR COURT The Honorable W. Timothy Crowley, Judge Cause No. 42D01-0605-FB-30

August 28, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Andrew G. Bowers appeals his conviction of and sentence for committing criminal deviate conduct1 against S.F. Bowers raises five issues, which we restate as six: (1) whether a detective vouched for S.F.'s credibility in a manner rising to fundamental error; (2) whether the admission of certain hearsay testimony was fundamental error; (3) whether the evidence was sufficient; (4) whether the trial court abused its discretion by not recognizing several proffered mitigators; (5) whether his Blakely rights were violated; and (6) whether his sentence is appropriate. We affirm. FACTS AND PROCEDURAL HISTORY S.F. was born in 1934. When she was six weeks old, she suffered a stroke, which caused her to have trouble walking and using her left hand. She also had polio, which compounded her problems. She is able to walk short distances using corrective shoes and a walker, but she is not able to drive. S.F. has trouble with anxiety. Her caseworker, Lynn Hecht, described her as a "very timid, very nonconfrontational" elderly woman who "talked in whispers most of the time." (Tr. at 315.) S.F. lived with her parents until their deaths. S.F. never had a steady boyfriend, got married, or had children. After her mother died, her father had cancer and was placed in a nursing home. Because he was not able to take care of S.F., she also went to a nursing home. S.F.'s father told Rebecca Bowers, who had been S.F.'s home health aide, that he wanted S.F. to be able to live at home with someone to take care of her. After S.F.'s father died, Rebecca took S.F. back to S.F.'s house. S.F. entered an agreement with the Bowers family by which the Bowerses would live with her and help
1

Ind. Code

Download Andrew G. Bowers v. State of Indiana.pdf

Indiana Law