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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: DONALD S. EDWARDS Columbus, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ANN L. GOODWIN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
HENRY D. YOUNG, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 03A04-0701-CR-63

APPEAL FROM THE BARTHOLOMEW CIRCUIT COURT The Honorable Stephen R. Heimann, Judge Cause No. 03C01-0602-FB-400

July 20, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Defendant Henry D. Young ("Young") appeals his sentence for two convictions of Sexual Misconduct with a Minor, as Class B felonies. 1 We affirm. Issue Young raises the issue of whether his sentence is inappropriate. Facts and Procedural History On February 21, 2006, the State charged Young with three counts of sexual misconduct with a minor alleging that Young had sexual intercourse with B.H. on two occasions and engaged in sexual deviate conduct with B. H. on one occasion. On October 30, 2006, Young entered into a plea agreement with the State pursuant to which he pled guilty to two of the counts of sexual misconduct in exchange for the State dismissing the third count, refraining from filing additional charges, and recommending to the trial court that Young serve his sentences concurrently. That same day, the trial court permitted Young to change his plea and the State to dismiss the third count, but took the decision of accepting the guilty plea and plea agreement under advisement. After reviewing the presentence report and hearing testimony, the trial court accepted Young's guilty plea and the plea agreement, entering a judgment of conviction on the two counts. The trial court found one mitigating circumstance that Young had led a law-abiding life for a substantial period of time and found the single aggravating circumstance that Young was in a position of trust with the victim and violated that trust. Young was sentenced to nine years with three years suspended to probation for each count with the sentences to be 2

served concurrently. Young now appeals. Discussion and Decision Young contends that his sentence is inappropriate. Although Young pled guilty according to a plea agreement, he can still challenge the appropriateness of his sentence because the plea agreement was "open," leaving his sentence to the discretion of the trial court. See Childress v. State, 848 N.E.2d 1073, 1080 (Ind. 2006). Pursuant to Indiana Appellate Rule 7(B), he seeks revision of his sentence. Indiana Appellate Rule 7(B) provides that we "may revise a sentence authorized by statute if, after due consideration of the trial court's decision, [we find] that the sentence is inappropriate in light of the nature of the offense and the character of the offender." Under such review, a defendant must persuade the appellate court that his or her sentence has met the inappropriateness standard of review. Childress, 848 N.E.2d at 1080. On appeal, Young mentions nothing as to the nature of the offense and little as to his character. Regarding the nature of the offense, the advisory sentence is the starting point selected by the Legislature as an appropriate sentence for the crime committed. Id. at 1081. For a Class B felony, a defendant can be sentenced to between six and twenty years imprisonment, with the advisory sentence being ten years. Ind. Code

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