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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: ROBERT J. HARDY Thomas & Hardy Auburn, Indiana

FILED
Nov 07 2008, 9:27 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JOBY D. JERRELLS Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ERICK C. POLLOCK, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 17A03-0805-CR-229

APPEAL FROM THE DEKALB SUPERIOR COURT The Honorable Kevin P. Wallace, Judge Cause No. 17A03-0805-CR-229

November 7, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Erick Pollock appeals his convictions for two counts of child molesting as class A felonies. 1 Pollock raises one issue, which we revise and restate as whether the trial court abused its discretion by allowing the admission of evidence regarding Pollock's past misconduct with the victim. We affirm. The relevant facts follow. C.C. was born on January 4, 1990. When C.C. was three or four years old, Pollock married C.C.'s mother, Tara. In December 2003, while Pollock and C.C. were talking in the family room, Pollock told C.C. that he was afraid she was becoming sexually active and asked her if she was "thinking about having sex." Transcript at 231. Pollock then handed C.C. a glass of liquor, which she drank until she felt "a little woozy." Id. at 232. Pollock let her chase the liquor with a soft drink he was drinking, which was unusual because Pollock "doesn't let anyone drink after him." Id. Pollock then led C.C. to his and Tara's bedroom, closed the door, and began rummaging through a dresser in search of a vibrator. Pollock retrieved a vibrator and a dildo and, upon learning that the vibrator needed batteries, opened the bedroom door, gave some money to one of C.C.'s siblings, and sent him to a nearby gas station to buy batteries. When C.C.'s sibling returned to the bedroom, he "passed the batteries through[,] and the door shut." Id. at 236.

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