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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: JOHN PINNOW Special Assistant to the State Public Defender Greenwood, 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
JUSTIN MOWRY, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 68A01-0703-CR-132

APPEAL FROM THE RANDOLPH CIRCUIT COURT The Honorable Jay L. Toney, Judge Cause No. 68C01-0602-FB-12

December 31, 2007

MEMORANDUM DECISION - NOT FOR PUBLICATION

FRIEDLANDER, Judge

Justin Mowry appeals his conviction of Child Molesting1 and Criminal Deviate Conduct,2 both as class B felonies. Mowry presents the following restated issues for review: 1. Did the prosecutor's comments during closing argument constitute fundamental error necessitating reversal? Did the trial court err in imposing consecutive sentences?

2.

We affirm. The facts favorable to the conviction are that in the summer of 2004, Mowry, who was sixteen years old at the time, worked as a counselor's helper at Camp Yale in rural Randolph County. Seven-year-old J.M. attended the camp that summer from June 28 through July 2. One morning, J.M. and Mowry went off by themselves to catch toads. They arrived at a spot where they could hear other people but could not see anyone. When they were thus alone, Mowry told J.M. to pull down his pants and J.M. complied. Thereafter, Mowry placed his mouth on J.M.'s exposed penis. Mowry then directed J.M. to lie down on a log that was lying on the ground. When J.M. complied, Mowry climbed on top of him and placed his erect penis in J.M.'s anus. J.M. screamed in pain and asked Mowry to stop, but Mowry refused and placed his hand over J.M.'s mouth. After several

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Ind. Code Ann.

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