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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: JEREMY K. NIX Matheny, Hahn, Denman & Nix, L.L.P. Huntington, Indiana

FILED
Aug 25 2010, 8:54 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ANN L. GOODWIN Deputy Attorney General Indianapolis, Indiana

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

No. 35A05-0909-CR-515

APPEAL FROM THE HUNTINGTON CIRCUIT COURT The Honorable Thomas M. Hakes, Judge Cause No. 35C01-0812-FA-73

August 25, 2010

MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Eric Skeens appeals his convictions and sentence for four counts of child molesting as class A felonies1 and child molesting as a class C felony.2 Skeens raises three issues, which we revise and restate as: I. II. III. Whether the evidence is sufficient to sustain his convictions; Whether the trial court abused its discretion in sentencing him; and Whether Skeenss sentence is inappropriate in light of the nature of the offense and the character of the offender.

We affirm in part, reverse in part, and remand. The facts most favorable to the conviction follow. K.W. was born to R.W.

("Mother") in April 2000. Skeens, who was born on June 22, 1980, met Mother in 2003 and married Mother in December 2004. Skeens and Mother were divorced in June 2006, but they, along with K.W., continued to live together. K.W. thought of Skeens as her "dad." Transcript at 510. In September 2007, Skeens, Mother, and K.W. moved into a home on Williams Street in Huntington, Indiana. Skeenss son also lived at the home "on and off." Id. at 456. Skeens would care for K.W. while Mother was at work. In June 2008, Mother moved with K.W. to another home on Wabash Circle in Huntington. However, even after moving to Wabash Circle, Mother continued to allow Skeens to visit with and care for K.W. because K.W. "thought of him as her dad." Id. at 464. K.W. would spend, on average, three nights per week at Skeenss house. In September 2008,

1

Ind. Code

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