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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: LORINDA MEIER YOUNGCOURT Huron, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana J. T. WHITEHEAD Deputy Attorney General Indianapolis, Indiana

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

No. 47A01-0605-CR-191

APPEAL FROM THE LAWRENCE CIRCUIT COURT The Honorable Richard D. McIntyre, Sr., Judge Cause No. 47C01-0305-FA-198

December 27, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION

SHARPNACK, Judge

Donald Nugent appeals his sentence for child molesting as a class A felony. 1 Nugent raises two issues, which we revise and restate as: I. Whether the trial court abused its discretion by imposing an enhanced sentence; and Whether Nugent's sentence is inappropriate in light of the nature of the offense and the character of the offender.

II.

We affirm. The relevant facts follow. In 2002 or 2003, Nugent lived with his girlfriend and her three children, J.B., age 10, A.B., age 9, and C.H., age three. Nugent showed A.B. his penis. Three or four months later, Nugent showed A.B. his penis again. One month later, A.B. performed oral sex on Nugent. Three weeks later, A.B. again performed oral sex on Nugent. One month later, Nugent rubbed his penis on A.B.'s vagina. For four months, Nugent did not engage in sexual activity with A.B. because they were never alone. Later Nugent performed oral sex on A.B., and A.B. performed oral sex on Nugent. On May 1, 2003, the State charged Nugent with two counts of child molesting as class A felonies. On August 24, 2004, Nugent pleaded guilty to one count of child molesting as a class A felony, and the other count was dismissed. The trial court found no mitigators and Nugent's prior criminal history and his violation of a position of trust as aggravators. The trial court sentenced Nugent to forty-five years in the Indiana Department of Correction and suspended ten years.

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Ind. Code

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