Preview:

FILED
May 05 2010, 9:27 am

FOR PUBLICATION

of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: STEVEN J. BRUCE Public Defenders Office Muncie, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana NICOLE DONGIEUX WIGGINS Deputy Attorney General Indianapolis, Indiana

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

No. 18A04-0911-CR-621

APPEAL FROM THE DELAWARE CIRCUIT COURT The Honorable John M. Feick, Judge Cause No. 18C04-0804-FB-7

May 5, 2010

OPINION - FOR PUBLICATION

CRONE, Judge

Case Summary Matthew A. Baugh appeals his two convictions and consecutive sentences for class B felony sexual misconduct with a minor, as well as the determination that he is a sexually violent predator. We affirm. Issues I. Has Baugh procedurally defaulted his argument that the trial court failed to comply with statutory requirements in determining that he is a sexually violent predator? Did the trial court abuse its discretion in ordering consecutive sentences? Do Baughs convictions violate the Indiana Constitutions prohibition of double jeopardy under the continuing crime doctrine? Facts and Procedural History In the fall of 2007, fourteen-year-old Z. (born August 1, 1993) and E. were eighthgrade classmates and best friends. Z.s parents had recently divorced, and E.s father had recently died. Z. frequently spent the night at E.s residence. Baugh, E.s half-brother, was twenty-six years old in November 2007. According to Z., in November 2007, Baugh demonstrated an interest in Z.

Download Matthew A. Baugh v. State of Indiana.pdf

Indiana Law