Preview:

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: JEREMY K. NIX Matheny Michael Hahn & Denman, LLP Huntington, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MARA MCCABE Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
DONALD G. KISTLER, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 35A02-0602-CR-132

APPEAL FROM THE HUNTINGTON CIRCUIT COURT The Honorable Mark A. McIntosh, Judge Cause No. 35C01-0503-FA-27

November 28, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION

FRIEDLANDER, Judge

Donald G. Kistler appeals the sentence imposed upon his conviction for two counts of Child Molesting, 1 one as a class B felony and the other as a class C felony. The convictions were entered upon Kistler's guilty pleas. Kistler presents the following restated issues for review: 1. Did the court err in identifying aggravating and mitigating circumstances? Was the sentence imposed appropriate in light of the nature of the offense and the character of the offender?

2.

We affirm. The facts favorable to the convictions are undisputed. Sometime in late 2003, Kistler was visiting the home of a friend who had two daughters. The older daughter, N.M., was less than fourteen years old at the time. Kistler went into N.M.'s room, where N.M. was playing with dolls, and closed the door. Kistler sat down beside N.M. and, through her clothing, fondled her chest and vagina. He then instructed N.M. not to tell anyone what had happened. Early in the morning on March 16, 2005, Kistler was again visiting the same friend's house. He went in where N.M.'s younger sister, C.M., was lying down. Kistler lay down and got under the blanket that was covering ten-year-old C.M. Once under the blanket, Kistler placed his hand inside C.M.'s pajama bottoms and underwear and fondled her buttocks and vagina. He also inserted his finger into her anus. Both N.M.

1

Ind. Code Ann.

Download Donald G. Kistler v. State of Indiana.pdf

Indiana Law