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Gregory J. Comer v. State of Indiana
State: Indiana
Court: Court of Appeals
Docket No: 27A04-0504-CR-180
Case Date: 12/19/2005
Preview:FOR PUBLICATION
ATTORNEY FOR APPELLANT: SHANE E. BEAL Marion, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana KELLY A. MIKLOS Deputy Attorney General Indianapolis, Indiana

IN THE
COURT OF APPEALS OF INDIANA
GREGORY J. COMER, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 27A04-0504-CR-180

APPEAL FROM THE GRANT CIRCUIT COURT The Honorable Thomas R. Hunt, Judge Cause No. 27C01-0402-FA-15

December 19, 2005 OPINION - FOR PUBLICATION

SHARPNACK, Judge

Gregory Comer appeals his sentences for one count of child molestation as a class B felony 1 and one count of child molestation as a class C felony. 2 Comer raises two issues, which we revise and restate as: I. II. Whether the trial court abused its discretion in sentencing Comer; and Whether Comer's sentence is inappropriate.

We reverse and remand for resentencing. 3 The relevant facts follow. In January 2000, Comer married Angela Comer.

Angela had two daughters prior to the marriage. The older of Angela's daughters, T.H., was born on March 27, 1991. Two children were born to the marriage. Between Thanksgiving and Christmas of 2003, Comer "inappropriately" fondled and touched T.H. on her breasts and vagina and performed oral sex on T.H. Transcript at 9. Comer also showed T.H. pornographic videos and touched himself in front of her. Comer told Angela that he had shown the pornographic videotapes to T.H. T.H. told a youth leader about the molestation, and the authorities were called. Detective Lisa Himelick with the Grant County Sheriff's Department asked Angela about

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