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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: BENJAMIN LOHEIDE Law Office of Benjamin Loheide Columbus, Indiana

FILED
Dec 30 2010, 9:21 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana HENRY A. FLORES, JR. Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
BILLY R. CASE, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 40A01-1004-CR-230

APPEAL FROM THE JENNINGS CIRCUIT COURT The Honorable Jon W. Webster, Judge Cause No. 40C01-0803-FA-72

December 30, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Billy Case appeals his sentence for Class B felony sexual misconduct with a minor.1 He also appeals the trial court's restitution order. We affirm. FACTS AND PROCEDURAL HISTORY During the summer of 2007, Case was at his ex-wife's house with his daughter, son, and his daughter's friend, fourteen-year-old K.P. At some point in the evening, Case and K.P. were in a room separate from Case's children. Case testified that at that time K.P. smelled of alcohol. Case had sexual relations with K.P., and told K.P. he would kill her if she told anyone about the incident. About a month later, K.P. told her mother Case had raped her. Case was charged with Class A felony rape,2 Class A felony sexual misconduct with a minor,3 and was alleged to be an habitual offender.4 He agreed to plead guilty to Class B felony sexual misconduct with a minor, and was sentenced to eighteen years incarcerated and ordered to pay K.P.'s mother $4998.75 as restitution. DISCUSSION AND DECISION 1. Sentencing

Even if a trial court acted within its lawful discretion in determining a sentence, Article VII, Sections 4 and 6 of the Indiana Constitution authorize independent appellate review and revision of a sentence. Anglemyer v. State, 868 N.E.2d 482, 491 (Ind. 2007),

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Ind. Code

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