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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: DAVID C. KOLBE ATTORNEYS FOR APPELLEE: STEVE CARTER

Warsaw, Indiana

Attorney General of Indiana MONIKA PREKOPA TALBOT
Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ANTHONY J. DEMARCO, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 43A03-0603-CR-128

APPEAL FROM THE KOSCIUSCO SUPERIOR COURT The Honorable Duane G. Huffer, Judge Cause No. 43D01-0503-FA-35

December 22, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION

BAKER, Judge

Appellant-defendant Anthony J. Demarco appeals his convictions on four counts of Child Molesting, 1 a class A felony. Specifically, Demarco argues that the trial court erred in allowing evidence establishing that the victim had observed Demarco molest another individual and that it was error to permit a probation officer to testify at sentencing that there were four additional charges pending against Demarco. Demarco further argues that the 120year aggregate sentence was inappropriate. We conclude that the trial court did not err in allowing evidence demonstrating that Demarco had molested another individual. We also note that the trial court properly permitted the probation officer to testify at the sentencing hearing that Demarco had four additional pending charges of child molesting. However, we find that Demarco's sentence was inappropriate when considering the nature of the offense and his character. Thus, we affirm in part, reverse in part, and remand this cause to the trial court with instructions to issue an amended sentencing order and all other necessary documentation to reflect a sentence of thirty years each as to counts I and II to be served consecutively, with the two remaining counts to run concurrently, thus yielding a total executed sentence of sixty years. FACTS D.B., who was born on October 14, 1989, met Demarco while attending the fifth grade at a Kosciusco County elementary school. Demarco worked as a teacher's aide and basketball coach at D.B.'s school. At some point during the school year, Demarco accepted D.B.'s invitation to ride four-wheelers at D.B.'s house. Thereafter, Demarco and D.B. went

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