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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: LOUIS W. DENNEY Muncie, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ANN L. GOODWIN Deputy Attorney General Indianapolis, Indiana

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

No. 18A02-0611-CR-1044

APPEAL FROM THE DELAWARE CIRCUIT COURT The Honorable John M. Feick, Judge Cause No. 18C04-0512-FB-26

October 17, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

FRIEDLANDER, Judge

Edward Hoffman appeals his convictions for three counts of Sexual Misconduct with a Minor, 1 as class B felonies, one count of Sexual Misconduct with a Minor, 2 as a class C felony, one count of Attempted Sexual Misconduct with a Minor, 3 as a class B felony, and one count of Dissemination of Matter Harmful to Minors, 4 a class D felony. Hoffman also appeals his aggregate sentence of sixty years in prison. Upon appeal, he presents the following restated issues for review: 1. Did the trial court abuse its discretion in allowing the State to admit two exhibits into evidence? Was the class C felony sexual misconduct with a minor count a factually lesser-included offense of the other sexual misconduct with a minor counts? Is Hoffman's sentence inappropriate?

2.

3.

We affirm. During February 2005, Hoffman returned from overseas to Gaston, Indiana, to be with his ailing mother. His mother was a close friend of Theresa Critzman's, stepmother of then thirteen-year-old T.C. 5 When Hoffman's mother died, he continued to live in her home, located about two blocks from T.C.'s home. He quickly developed a close

relationship with the Critzman family and was with them almost daily. Hoffman was in

1

Ind. Code Ann.

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