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FOR PUBLICATION

ATTORNEY FOR APPELLANT: JOEL M. SCHUMM Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana CYNTHIA L. PLOUGHE Deputy Attorney General Indianapolis, Indiana

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

No. 49A04-0605-CR-260

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Jeffrey Marchal, Master Commissioner Cause No. 49G06-0602-FC-31047

December 22, 2006

OPINION - FOR PUBLICATION

CRONE, Judge

Case Summary Morris Windhorst appeals his four-year sentence for class C felony child solicitation. We affirm. Issue The issue is whether Windhorst's sentence is inappropriate in light of the nature of the offense and his character. Facts and Procedural History Windhorst admitted to the following factual basis at his guilty plea hearing: On February 20th of 2006, [Indianapolis Police] Officer Spivey, in affiliation with the Internet Crimes Against Children Taskforce, conducted a child solicitation operation. There was an undercover online investigation in which he used the persona of "Stacey" [and] contacted [Windhorst]. [Windhorst] knew "Stacey" to be fourteen years old and said that he was thirty-eight. He displayed a picture of himself apparently shirtless. He then presented himself on a web camera again shirtless. He invited this "Stacey" persona to a movie, indicating an intention of meeting. He expressed concern about whether or not she was a police officer. He then subsequently went ahead and sent three additional pictures of himself, one of which was a picture of himself in a full state of frontal nudity in a standing position. He admitted to being nude in the picture also. He, during this conversation, set up a time to meet with the "Stacey" [persona] describing his intent to fondle her. He described his intent to perform oral sex on her after the movie. He was also intending to bring, during this conversation, Bailey's Irish Cr

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