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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: KELLY N. BRYAN Public Defender Muncie, Indiana

FILED
Aug 17 2009, 9:04 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana HENRY A. FLORES, Jr. Deputy Attorney General Indianapolis, Indiana

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

No. 18A04-0901-CR-2

APPEAL FROM THE DELAWARE CIRCUIT COURT The Honorable Marianne L. Vorhees, Judge Cause No. 18C01-0703-FB-3

August 17, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Appellant-Defendant Geoffrey Lehman appeals following his convictions for Count I, Sexual Misconduct with a Minor,1 a Class B felony, and Count II, Sexual Misconduct with a Minor,2 a Class C felony. Upon appeal, Lehman contends that the trial court abused its discretion in considering certain aggravating factors for the purposes of sentencing him. In addition to the abuse of discretion challenge, Lehman contends that his sentence is inappropriate in light of the nature of his offense and his character. Lehman was sentenced to twelve years of incarceration with two years suspended to probation for Count I and six years of incarceration for Count II. We affirm. FACTS AND PROCEDURAL HISTORY In November of 2003, Lehman met B.E. in Delaware County. (Tr. 10). Lehman was approximately twenty-four years old and knew that B.E. was fourteen years old. (Tr. 9-10). Between November of 2003 and December of 2004, Lehman and B.E. engaged in sexual intercourse, and on another occasion, Lehman engaged B.E. to perform oral sex. (Tr. 9-10, States exhibit 1). On March 16, 2007, the State charged Lehman with three counts of Class B felony, sexual misconduct with a minor. (Appellants App. 17-19). On June 2, 2008, Lehman pled guilty, pursuant to a plea agreement, to Count I as charged, and Count II, as a Class C felony. (Appellants App. 86-87). The State agreed to dismiss Count III pursuant to the plea agreement. On December 1, 2008, Lehman asserted that he wanted to withdraw his guilty plea. (Tr. 62). The trial court denied Lehmans motion and sentenced him to twelve years of incarceration, with two years suspended to probation,

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Ind. Code

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