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FOR PUBLICATION
ATTORNEY FOR APPELLANT: JOHN T. WILSON Anderson, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana WADE JAMES HORNBACHER Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

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

Nov 17 2010, 9:10 am

CLERK

No. 48A04-1001-CR-89

APPEAL FROM THE MADISON SUPERIOR COURT The Honorable Thomas Newman, Jr., Judge Cause No. 48D03-0903-FA-88

November 17, 2010

OPINION - FOR PUBLICATION

ROBB, Judge

Case Summary and Issues Randy Horton appeals, after a jury trial, his convictions of six counts of child molesting as Class A felonies, three counts of child molesting as Class C felonies, and consecutive sentences for an aggregate of 324 years. He raises two issues for our review that we expand and restate as three: whether the trial court erred by allowing a videotaped interview of a child-witness under the recorded recollection exception to the hearsay rule; whether the trial court erred by sentencing him to consecutive maximum sentences for each offense for a total of 324 years in prison; and whether his sentence is inappropriate. Concluding the trial court did not abuse its discretion in admitting evidence or sentencing Horton, and the 324-year sentence is not inappropriate considering the nature of the offenses and Hortons character, we affirm. Facts and Procedural History Horton moved in with R.M.s mother, who was his girlfriend, R.M., and R.M.s toddler-aged brother. R.M. referred to Horton as "Dad." Transcript at 293. Beginning on the morning of R.M.s seventh birthday in August 2008, also her first day of first grade, Horton sexually molested R.M. every morning

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Indiana Law