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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 S. LENYO South Bend, Indiana

FILED
Sep 10 2008, 9:21 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana GARY DAMON SECREST Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

GEORGE E. HUSTON, Appellant/Defendant, vs. STATE OF INDIANA, Appellee/Plaintiff.

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No. 71A04-0805-PC-277

APPEAL FROM THE ST. JOSPEH SUPERIOR COURT The Honorable Jerome Frese, Judge Cause No. 71D03-0706-FB-89

September 10, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION BRADFORD, Judge

Following his guilty plea and conviction for one count of Criminal Deviate Conduct as a Class B felony,1 Appellant/Defendant George Huston challenges his sentence of eighteen years of incarceration. Huston contends that the trial court abused its discretion in finding that he was dangerous and that his sentence is inappropriate. We affirm. FACTS AND PROCEDURAL HISTORY According to the factual basis for Huston's guilty plea, on June 11, 2007, Huston's sixty-eight-year-old wife took too much medication and became mentally incapacitated. While she was mentally incapacitated, Huston placed his mouth and tongue on her anus. According to the probable cause affidavit, Huston's stated justification for this act was that it was an attempt to revive his non-responsive wife, whom he believed to be either dead or dying. On June 22, 2007, the State charged Huston with nine counts of Class B felony criminal deviate conduct. On January 8, 2008, pursuant to a written plea

agreement, Huston pled guilty to one count of Class B felony criminal deviate conduct. On February 7, 2008, the trial court sentenced Huston to eighteen years of incarceration. At sentencing, the trial court admitted a transcript of a 1990 statement Huston gave to police, in which he admitted that he had "place[d his] finger inside" his granddaughter, that he had taken a bath with his daughters when they were nine and approximately four years old, and that he had made his younger daughter hold his penis while he urinated. The trial court concluded that Huston was dangerous, citing the attack on his wife and Huston's explanation for it, his criminal record, and the 1990 statement to
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Ind Code

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