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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: ATTORNEYS FOR APPELLEE:

JOHN PINNOW GREGORY F. ZOELLER
Special Assistant to the State Public Defender Attorney General of Indiana
Greenwood, Indiana
   ANGELA N. SANCHEZ
   Deputy Attorney General
   Indianapolis, Indiana

    



IN THE
COURT OF APPEALS OF INDIANA




DANNY STEWART, )
)
Appellant-Defendant, )
)
  vs. ) No. 90A02-0909-CR-855
)
STATE OF INDIANA, )
)
Appellee-Plaintiff. )




APPEAL FROM THE WELLS CIRCUIT COURT
The Honorable David L. Hanselman, Sr., Judge  
Cause No. 90C01-0601-FC-3  





February 9, 2010


MEMORANDUM DECISION - NOT FOR PUBLICATION


CRONE, Judge
Danny Stewart challenges his three-year sentence for class D felony battery, claiming that it is inappropriate in light of the nature of the offense and his character.  We affirm.1
1  Our recitation of the facts is based on the police report, which was incorporated into the probable cause affidavit and attached to the presentence investigation report.  At sentencing, Stewart did not dispute the contents of the report.  Sent. Tr. at 3.  


On August 16, 2005, thirty-seven-year-old Stewart saw thirteen-year-old acquaintance J.E. and her friend at the park in his apartment complex. Stewart asked J.E. to come to his apartment to help dress his five-year-old son.  J.E. initially responded that the boy was old enough to dress himself, but Stewart persisted, asking her to help the boy select what clothes to wear.  J.E. agreed and went to the apartment.  She helped choose the boy

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