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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.

FILED
Mar 07 2008, 9:31 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: BRYAN M. TRUITT Law Offices of Tsoutsouris & Bertig Valparaiso, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ELLEN H. MEILAENDER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
DIAUNTE E. ADAMS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 64A03-0709-CR-450

APPEAL FROM THE PORTER SUPERIOR COURT The Honorable William E. Alexa, Judge Cause No. 64D02-0610-FA-9138

March 7, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Diaunte E. Adams ("Adams") appeals his sentence for Child Molesting, as a Class B felony. 1 We affirm. Issue Adams raises the sole issue of whether his sentence is inappropriate. Facts and Procedural History A transcript of the guilty plea hearing has not been provided for our review. 2 Accordingly, the facts contained in this Opinion are taken from the Pre-Sentence Investigation Report, the Appellant's Brief, and the Appendix. Adams, twenty-six years old, was living with and engaged to a woman with two children. Her niece K.R., twelve or thirteen years old, would frequently babysit the children. Adams and K.R. became close, and K.R. confided in him. At some time between May and September of 2006, they had unprotected sex on at least three occasions. "[Adams] related [K.R.] gave birth to their baby boy . . . in April of 2007." Pre-Sentence Investigation Report at 30. The State charged him with Child Molesting, as a Class A felony. Adams and the State offered a plea agreement, accepted by the trial court, in which Adams pled guilty to Child Molesting, as a Class B felony. The agreement left the sentence to the discretion of the trial court. At the sentencing hearing, the trial court found no mitigating circumstances, but found
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Ind. Code

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