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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: MICHAEL R. FISHER Indianapolis, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MATTHEW D. FISHER Deputy Attorney General Indianapolis, Indiana

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

No. 49A05-0607-CR-402

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Sheila Carlisle, Judge Cause No. 49G03-0510-FA-174848

February 22, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

BAKER, Judge

Appellant-defendant Robert Hall appeals his convictions for Rape, 1 a class A felony, and two counts of Criminal Deviate Conduct, 2 a class A felony. Specifically, Hall argues that (1) the trial court violated the principle of double jeopardy when it entered three convictions based upon the same evidence of Hall's threat of deadly force, (2) the trial court erred by not making a specific finding to support the imposition of consecutive sentences, and (3) the 110-year aggregate sentence is inappropriate based on the nature of the offense and Hall's character. Finding no error, we affirm the judgment of the trial court. FACTS At approximately 5:15 a.m. on November 7, 2003, P.G. left home to walk to her job at a nearby McDonald's restaurant in Indianapolis. As P.G. walked through an open parking lot, Hall "charged" her and said, "Bitch, you know what I want." Tr. p. 18, 19. Hall grabbed P.G.'s hair, told her to lower her pants and unbutton her belt, and struck her in the face several times. P.G. removed her pants because she "just got tired of being hit and punched [and] knew what he wanted." Id. at 21. After Hall pushed P.G. to the ground, he attempted to penetrate her vagina with his penis, but he was unable to maintain an erection. Hall then "jerked" P.G. to her knees and penetrated her anus with his penis. Id. at 25. When she continued to struggle, Hall turned P.G. around and forced her to perform fellatio on him, saying, "Bitch, you're sucking this." Id. Hall then pushed P.G. to the ground again and inserted his penis into her vagina. Hall proceeded to lie on

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