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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: MARK SMALL Indianapolis, Indiana

FILED
Jan 30 2009, 9:19 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana GEORGE P. SHERMAN Deputy Attorney General Indianapolis, Indiana

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

No. 38A02-0712-CR-1154

APPEAL FROM THE JAY CIRCUIT COURT The Honorable Brian D. Hutchison, Judge Cause No. 38C01-8709-CR-23

January 30, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Fred McCormick was convicted after a jury trial of two counts of child molesting, a Class A felony.1 He raises three issues on appeal, which we expand, reorder, and restate as: 1. Whether the trial court erred in denying McCormick's Motion to Correct Error and Belated Motion to Correct Error; 2. Whether the court abused its discretion when it excluded evidence McCormick wished to admit; 3. Whether the evidence was sufficient to support McCormick's conviction; and 4. Whether the trial court properly sentenced McCormick. We affirm. FACTS AND PROCEDURAL HISTORY In late May of 1986, T.W., 14 years old, and J.S., 15 years old, were driven from their hometown of Winchester to Union City to see J.S.'s boyfriend. Her boyfriend was not home so the girls walked to a nearby store, where they saw two boys who were friends from school. The boys were with McCormick, their stepfather. They invited T.W. and J.S. to come "party" with them at a nearby cemetery. Once there, the group drank beer and some smoked marijuana. McCormick asked T.W. to come talk to him behind some trees. Once there, McCormick began to grope T.W. and forced her to perform oral sex. When T.W. resisted, McCormick pulled out a knife, held it to T.W.'s throat, and forced her to

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Ind. Code

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