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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: MICHAEL M. YODER Yoder Law Office, P.C. Kendallville, Indiana

FILED
May 29 2008, 9:49 am
of the supreme court, court of appeals and tax court

CLERK

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

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

No. 44A05-0712-CR-730

APPEAL FROM THE LAGRANGE CIRCUIT COURT The Honorable J. Scott Vanderbeck, Judge Cause No. 44C01-0608-CM-138

May 29, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Following a bench trial, Appellant-Defendant Marlin Hostetler appeals his conviction for Contributing to the Delinquency of a Minor, a Class A misdemeanor,1 for which he received a suspended sentence of sixty days in jail. Upon appeal, Hostetler challenges the sufficiency of the evidence to support his conviction. We reverse and remand. FACTS AND PROCEDURAL HISTORY On July 22, 2006, Hostetler held a party at his residence, 7590 South 400 West, near Topeka, Indiana. Hostetler, who was approximately twenty-five years old, lived at this address with his parents and siblings, one of whom was his twenty-four-year-old brother. Hostetler's parents were out of town at the time of the party. Hostetler invited approximately twelve people to the party, and his brother also invited several people. All of these invited guests were over twenty-one years old. Hostetler was aware that

additional people, some of whom were under twenty-one years of age, also came to the party. Approximately fifty to two hundred people were present at the party. Hostetler and others drank alcohol at the party. Other attendees drank the non-alcoholic drinks of Pepsi and Red Bull. I.L., who was seventeen years old at the time, was an underage attendee at the party. Her boyfriend, Sam Brill, was also at the party. Brill, who had brought alcohol to the party which he kept in a cooler in his truck, provided I.L. with alcohol by sharing his drink with her and by inviting her to help herself from his cooler.

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Ind. Code

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