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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. ATTORNEYS FOR APPELLANT: MITCHELL A. PETERS Millerfisher Law LLC Merrillville, Indiana LARRY W. ROGERS Harper and Rogers Valparaiso, Indiana

FILED
Mar 16 2009, 10:02 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JOBY D. JERRELLS Deputy Attorney General Indianapolis, Indiana

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

No. 64A04-0807-CR-429

APPEAL FROM THE PORTER SUPERIOR COURT The Honorable Roger V. Bradford, Judge Cause No. 64D01-0609-FA-7869

March 16, 2009

MEMORANDUM DECISION - NOT FOR PUBLICATION

ROBB, Judge

Case Summary and Issues Michael Parsons appeals the twenty-eight year sentence imposed following his plea of guilty to: child molesting, a Class B felony; sexual misconduct with a minor, a Class B felony; child exploitation, a Class C felony; and criminal confinement, a Class D felony. For our review, Parsons raises a single issue, which we expand and restate as two issues: 1) whether the trial court properly sentenced him; and 2) whether his sentence is inappropriate in light of the nature of his offenses and his character. Concluding the trial court properly sentenced Parsons's and his sentence in not inappropriate, we affirm. Facts and Procedural History Parsons was formerly married to D.B.'s mother. After Parsons and D.B.'s mother divorced, D.B. continued to live with Parsons after her mother moved to a different town so that she could continue to attend school with her friends. Over the course of five years, Parsons sexually molested D.B. in almost every conceivable way. Beginning when D.B. was ten years old, Parsons subjected D.B. to: masturbation with his hand and with vibrators and dildos; receiving and performing oral sex; sexual intercourse; forced restraint and bondage; and rape. On many occasions, Parson forced D.B. to wear his fireman's breathing apparatus with tape covering the faceplate and a sock stuffed into the breathing receptacle or other types of blindfolds. Parsons routinely restrained D.B.'s hands and legs to the bedposts or to a home-made restraining board in his garage. Parsons took photographs of D.B. in the nude and engaging in sexual activity. Parsons also gave D.B. marijuana, alcohol, and cigarettes. We refrain from providing a more detailed description of the abuse committed by Parsons but note its severity caused the
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trial court to comment that "in the almost 28 years that I've been doing this, I don't know how many child molesting cases I've sentenced. ... This is by far the most egregious case of mistreatment, sexual mistreatment of a child I have ever seen." Sentencing Hearing at 29. D.B. eventually told a friend about the molestation. This friend encouraged and assisted D.B. to report the abuse to D.B.'s grandmother, the school counselor, and the police. Parsons was subsequently arrested and charged with three counts of child Transcript of

molesting, two Class A felonies and one Class C felony; one count of rape, a Class B felony; two counts of sexual misconduct with a minor, Class B felonies; one count of child exploitation, a Class C felony; and one count of criminal confinement, a Class D felony. The State later amended the charging information to add two counts of sexual misconduct with a minor, Class C felonies, and three counts of contributing to the delinquency of a minor, Class A misdemeanors. stemmed from incidents involving D.B.'s friends. Parsons entered into a plea agreement whereby he agreed to plead guilty to one count of child molesting, reduced from a Class A felony to a Class B felony; one count of sexual misconduct with a minor, a Class B felony; one count of child exploitation, a Class C felony; and one count of criminal confinement, a Class D felony. In return the State agreed to dismiss the remaining nine charges. The plea agreement allowed the parties to argue sentencing, but required the sentences for the two Class B felonies to be served concurrently, the sentences for the Class C and Class D felonies to be served Some of these amended charges

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concurrently, and the two sets of sentences to be served consecutively. Following a change of plea hearing, the trial court accepted Parsons's guilty plea. At the sentencing hearing, the trial court heard testimon y from D.B., D.B.'s mother, and Parsons's mother, allowed Parsons to make a statement on his own behalf, and heard arguments from both counsel. The trial court found Parsons's lack of criminal history and his expression of remorse as mitigating circumstances. The trial court did not consider the guilty plea as a mitigating circumstance because Parsons received the substantial benefit of having the Class A felony count reduced to a Class B felony and nine other counts dismissed. As aggravating circumstances, the trial court found that Parsons was in a position of trust as D.B.'s stepfather and primary caregiver, the severe emotional and psychological effect on D.B., the repeated nature of the offenses, and the egregious nature of the crimes committed. The trial court found that the aggravating circumstances far outweighed the mitigating circumstances and sentenced Parsons to the maximum of twenty years for each Class B felony, eight years for the Class C felony, and three years for the Class D felony resulting in a total executed sentence of twenty-eight years. Parsons now appeals. Discussion and Decision I. Standard of Review A trial court may impose "any sentence that is: (1) authorized by statute ... regardless of the presence or absence of aggravating or mitigating circumstances." Ind. Code

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