Preview:

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.

FILED
Jan 13 2009, 8:54 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: THOMAS W. VANES Office of the Public Defender Crown Point, 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
ROBERT V. ANDERSON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 45A03-0806-CR-322

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Diane Ross Boswell, Judge Cause No. 45G03-0611-FA-64

January 13, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Robert V. Anderson pleaded guilty to four counts of class C felony Child Molesting.1 The trial court sentenced him to an aggregate sentence of fourteen years in prison. On appeal, Anderson presents the following restated issue for review: Did the trial court abuse its discretion by failing to find his lack of criminal history to be a mitigating circumstance? We affirm. Between November 26, 2001 and December 2, 2005, T.C., M.B., A.B., and C.B. (the children) lived with their mother and her longtime boyfriend, Anderson, whom they considered to be their step-father.2 Over these four years, Anderson molested each of the children. Though there were many alleged abuses, Anderson pleaded guilty to four instances. Specifically, Anderson had T.C., a twelve- or thirteen-year-old boy at the time, touch Anderson's penis in exchange for marijuana. Anderson touched twelve- or thirteen-year-old M.B.'s vagina over and under her clothing. Anderson had twelve-year-old A.B., a female, touch his clothing-covered penis on three different occasions in his bedroom. Finally, Anderson touched thirteen-year-old C.B. on C.B.'s penis and buttocks. About four months after the children were removed from the home for other reasons by the Lake County Department of Child Services, the children reported the sexual abuses they had suffered at the hands of Anderson. Thereafter, on November 18, 2006, Anderson was charged with two counts of class A felony child molesting, one count of class B felony sexual misconduct with a minor, four

1 2

Ind. Code Ann.

Download Robert Anderson v. State of Indiana.pdf

Indiana Law