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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 ROSSELOT Kokomo, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana GEORGE P. SHERMAN Deputy Attorney General Indianapolis, Indiana

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

No. 34A02-0602-CR-155

APPEAL FROM THE HOWARD SUPERIOR COURT The Honorable Stephen M. Jessup, Judge Cause No. 34D02-0409-FA-357

December 22, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Christopher Roler appeals his eight-year sentence for child molesting as a Class C felony. 1 We affirm. FACTS AND PROCEDURAL HISTORY Roler occasionally stayed with his sister Tammy Myers. Her boyfriend Jason Williams, Myers' two children, and Roler's infant son 2 also lived in the house. Roler had watched Myers' children "hundreds" of times. (Tr. at 206.) On September 20, 2004, Roler was babysitting the three children while Myers was in the hospital and Williams was at a funeral home. While his eight-year-old nephew L.M. was playing outside, Roler picked up his nine-year-old niece B.M. and carried her to her bedroom. He pulled down her pants and underwear, put her on the bed, and unzipped his pants. B.M. testified Roler touched her "private parts" and "butt" with his "hard" penis. (Id. at 80-82.) Williams walked in and found B.M. on her belly, "bent over the . . . foot of the bed, with her pants pulled down to her ankles and [Roler] on top of her . . . pumping on her, trying to have intercourse." (Id. at 45.) Roler stopped and rolled off her when Williams arrived. Williams called the police. Roler was charged with Count I, child molesting as a Class A felony, 3 and Count II, child molesting as a Class C felony. The State later added Count III, attempted child molesting as a Class A felony, 4 and dismissed Count I. A jury found Roler guilty on Count II and not guilty on Count III.

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Ind. Code

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