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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: JOHN T. WILSON Anderson, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana NICOLE M. SCHUSTER Deputy Attorney General Indianapolis, Indiana

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

No. 48A04-0604-CR-173

APPEAL FROM THE MADISON SUPERIOR COURT The Honorable Thomas Newman, Jr., Judge Cause No. 48D03-0508-FA-398

October 30, 2006

MEMORANDUM DECISION - NOT FOR PUBLICATION

NAJAM, Judge

STATEMENT OF THE CASE Daniel Colvin appeals his sentence after pleading guilty to one count of Child Molesting, as a Class A felony, and two counts of Child Molesting, as Class C felonies. He presents two issues for our review, namely: 1. Whether the trial court abused its discretion when it identified and weighed aggravating and mitigating circumstances. Whether his sentence is inappropriate under Indiana Appellate Rule 7(B).

2.

We affirm. FACTS AND PROCEDURAL HISTORY Between March 1, 2005, and May 31, 2005, Teresa Eldridge, her seven-year-old son K.E., and her boyfriend lived with Colvin. K.E. slept with Eldridge in the bedroom. In August 2005, K.E. reported that twice during that time period Colvin had exposed K.E.'s penis while K.E. was sleeping, and once during that time period Colvin had performed anal intercourse on K.E. When questioned by police, Colvin confessed to the alleged conduct. The State charged Colvin with one count of child molesting, as a Class A felony, and two counts of child molesting, as Class C felonies. In January 2006, Colvin pleaded guilty as charged. At the sentencing hearing in February 2006, the trial court imposed sentence as follows: Matter comes before the court for sentencing. Defendant having previously pled guilty to count I, child molesting, Class C felony, to which the court finds aggravating circumstances being his prior criminal history of similar offenses and repeated offenses and other offenses. Finds that the aggravating circumstances herein override the mitigating circumstances, which would be that [he] pled guilty and saved the child the trauma of
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having to testify. Six years on count I, six years on count II, child molesting, C felony; and the normal

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