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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: LAWRENCE M. HANSEN Noblesville, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ANGELA N. SANCHEZ Deputy Attorney General Indianapolis, Indiana

FILED
Jun 16 2010, 9:49 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
JAMES A. BARBER, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 29A02-0909-CR-916

APPEAL FROM THE HAMILTON SUPERIOR COURT The Honorable Daniel J. Pfleging, Judge Cause No. 29D02-0805-FA-52

June 16, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

James A. Barber pled guilty to two counts of child molestation1 and two counts of sexual misconduct with a minor.2 The trial court imposed an aggregate sentence of 110 years. Barber appeals that sentence, and we restate his issues as: 1. whether the trial court used the wrong sentencing scheme to determine his sentences for the two counts of child molesting; 2. whether the trial court abused its discretion when determining his sentence for sexual misconduct with a minor; and 3. whether the trial court abused its discretion when ordering the sentences served consecutively. We affirm. FACTS AND PROCEDURAL HISTORY Between May 31, 2004, and May 14, 2007, Barber repeatedly molested D.G., a girl who was 12 years old at the time of the first incident.3 Barber forced D.G. to engage in sexual intercourse and oral sex, and he threatened to kill her family if she reported the abuse. Barber also used his cell phone to photograph D.G. while she was nude and while she was wearing lingerie that Barber purchased. In mid-May 2007, D.G. reported the abuse to a relative and threatened suicide. Her family had her hospitalized for 72 hours to prevent suicide. Shortly thereafter, Barber was

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Ind. Code

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