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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: DAVID BECSEY Zeigler Cohen & Koch Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ELLEN H. MEILAENDER Deputy Attorney General Indianapolis, Indiana

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

No. 49A05-0609-CR-517

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Steven Rubick, Commissioner Cause No. 49G04-0505-FA-73813

August 14, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE

Michael D. Smith ("Smith") appeals his conviction after a jury trial, and his sentences on four counts of child molesting, as class A felonies. We affirm. ISSUE 1. Whether the evidence was sufficient to sustain the conviction. 2. Whether Smith's presumptive, consecutive sentences were appropriate. FACTS Mother had a daughter, K.J., born on November 1, 1991, from a previous relationship. In March of 1995, Tanya Smith ("Mother") married Michael Smith

("Smith"). Smith became the step-father of K.J. when K.J. was three and a half (3

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