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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: ANNA ONAITIS HOLDEN Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

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

Dec 22 2010, 9:52 am

CLERK

No. 49A02-1004-CR-426

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Robert Altice, Judge Cause No. 49G02-0402-FA-32017

December 22, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

BARNES, Judge

Case Summary Francisco Contreras appeals his convictions for three counts of Class A felony child molesting and two counts of Class C felony child molesting. We affirm. Issues Contreras raises two issues, which we restate as: I. whether his right to confrontation under the Sixth Amendment and Article 1, Section 13 of the Indiana Constitution was violated by a DNA analyst's testimony; and whether the evidence is sufficient to sustain his Class C felony child molesting convictions. Facts In July 2002, Contreras touched twelve-year-old E.C.'s breasts, inserted his fingers in her vagina, and had sexual intercourse with her. Contreras ejaculated on E.C.'s legs and the sheets on the bed. Two weeks later, E.C. told her friend that Contreras had been molesting her. Her friend told E.C.'s mother. E.C.'s mother and the children then moved out of the house, but a few months later, they moved back in with Contreras. Contreras again touched E.C.'s breasts and inserted his fingers in her vagina. In February 2004, the State charged Contreras with three counts of Class A felony child molesting for performing deviate sexual conduct on and having sexual intercourse with E.C. in 2002 when she was twelve years old. The State also charged Contreras with two counts of Class C felony child molesting for touching or fondling E.C. when she was twelve years old "with the intent to arouse or satisfy the sexual desires of [E.C.]."

II.

2

Appellant's App. p. 25.

A warrant was issued for Contreras's arrest, and he was

eventually found in Mexico and returned to Indiana in 2009. A jury trial was held in March 2010. Contreras and the State stipulated to the following facts: 1. That in 2003 Judith Macechko was employed at the Indianapolis/Marion County Forensics Services Agency (crime lab) as a duly qualified serologist. That on May 20, 2003, Judith Macechko received from the property room: Item 1

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Indiana Law