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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: PATRICIA CARESS MCMATH Indianapolis, Indiana

FILED
Dec 21 2010, 8:17 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana IAN MCLEAN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
CHRISTOPHER M. SUTTON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 01A05-1002-CR-75

APPEAL FROM THE ADAMS CIRCUIT COURT The Honorable Frederick A. Schurger, Judge Cause No. 01C01-0807-FA-9

December 21, 2010

MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Christopher Sutton appeals his conviction for child molesting as a class A felony. 1 Sutton raises two issues which we revise and restate as: I. Whether the trial court abused its discretion by admitting Z.H.s statements; and Whether the trial court abused its discretion by admitting portions of Suttons recorded statement.

II.

We affirm. The relevant facts follow. Seven-year-old Z.H. lived with her mother S.C., her three-year old brother, and thirty-two-year-old Sutton. S.C. and Sutton had lived together for "about 2, 2

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Indiana Law