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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: A. FRANK GLEAVES III Marion County Public Defender Agency Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ARTURO RODRIGUEZ, II Deputy Attorney General Indianapolis, Indiana

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

No. 49A05-0611-CR-648

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Grant Hawkins, Judge Cause No. 49G05-0505-FA-90964

October 25, 2007

MEMORANDUM DECISION - NOT FOR PUBLICATION

FRIEDLANDER, Judge

Michael Lewis appeals his conviction for Child Molesting, 1 as a class A felony. He presents the following restated issue for review: Did the State present sufficient evidence to support this conviction? We affirm. Forty-six-year old Lewis regularly babysat five-year-old H.T. and her two younger siblings for about two months. H.T. knew Lewis by the name of "Aunt Nikki." On one day in late May 2005, while the younger children were sleeping, Lewis had H.T. sit on the living room couch with him and watch a pornographic movie. He then took H.T. into his bathroom where he pulled down her pants and bent her over the bathtub. Lewis knelt behind the child and proceeded to rub his exposed penis on her lower back, just above her buttocks. For a significant period of time, Lewis rubbed his penis on the child in a motion "like a man and woman...having sex". Exhibits at 70. He then ejaculated on the bathroom floor. At some point during this incident, Lewis also put his penis in H.T.'s mouth. Lewis told H.T. that this was their secret and not to tell anyone. On the evening of May 25, 2005, H.T. told her mother, Teresa Tyo, that she and Aunt Nikki had a secret. When Tyo inquired about the secret, H.T. first reported "he stuck his private part in her mouth." Transcript at 123. H.T. further stated that while her sister was asleep, Lewis had her (H.T.) watch a "mean, scary movie." Id. at 124. With respect to the movie, H.T. explained that "there was a man and a woman and the man was sticking his thing in the woman." Id. H.T. also indicated that she had to have her pants

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Ind. Code Ann.

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