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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: JAY A. RIGDON Rockhill Pinnick, LLP Warsaw, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana SCOTT L. BARNHART Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
LEON R. WEST, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 43A03-0607-CR-336

APPEAL FROM THE KOSCIUSKO CIRCUIT COURT The Honorable Rex L. Reed, Judge Cause No. 43C01-0602-FA-29

December 21, 2006

MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Leon R. West appeals his twenty-year sentence for Child Molesting, 1 as a class B felony. West presents the following consolidated and restated issue for review: Is the maximum sentence imposed by the trial court inappropriate in light of the nature of the offense and West's character? We affirm. In December 2005, thirty-three-year-old West placed his mouth on his four-yearold daughter's vagina and then attempted to have sexual intercourse with her while she was visiting for the weekend. According to West's own admissions, he had been

molesting K.W. for several months. He began by touching her inappropriately in July 2 and performed oral sex on her three or four times beginning in August. West first attempted to have vaginal intercourse with the four-year-old in November or December, but he stopped when she said it hurt. At the end of December, West committed the acts that form the basis of the instant conviction. After touching K.W. and putting his mouth on her vagina, West once again attempted to have intercourse with his daughter. She told him it was hurting, and he stopped. On February 10, 2006, the State charged West with child molesting, as a class A felony. The alleged victim was his seven-year-old sister-in-law, D.D. 3 Thereafter, on

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Ind. Code Ann.

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