Preview:

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: ERIC E. KINSMAN Elkhart, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
GARY L. DAVIS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 20A04-0706-CR-336

APPEAL FROM THE ELKHART SUPERIOR COURT The Honorable George W. Biddlecome, Judge Cause No. 20D03-0502-FA-21

December 14, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Defendant Gary Davis ("Davis") appeals his conviction of Child Molestation, a Class A felony. 1 We affirm. Issue Davis presents one issue for appeal, which we restate as whether the State failed to present sufficient evidence of probative value to support his conviction. Facts and Procedural History C.D.'s mother ("Mother") has custody of her. On February 5, 2005, then-four-yearold C.D. 2 left Mother's house with her father, Davis, and her cousin, Crystal, for an unsupervised visit with Davis. Although Davis's stepfather and Crystal were present for most of the visitation at Davis's home, they left before Davis brought C.D. back to her Mother's house. Therefore, Davis was alone with C.D. After this visit with Davis, C.D. asked Mother if she could start wearing pull-up diapers instead of her underwear, even though she had been potty trained for two years. C.D. would also only go into the bathroom "a little bit" and only if Mother was with her. Tr. at 236. When questioned by Mother, C.D. disclosed that her "Daddy" had molested her. At trial, C.D. testified her "Daddy" had "sex" with her while they were in the bathroom. More specifically, C.D. testified he put his "dick" on the "inside" of her "bottom" 3 and her "butt," it felt "hard" and she cried. Tr. at 210, 214. C.D. also testified her Daddy put his "dick" in her mouth, it tasted like "hair," "white stuff" came out into her mouth and throat and she
1 2

Ind. Code

Download Gary L. Davis v. State of Indiana.pdf

Indiana Law