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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: THOMAS A. DYSERT Ripstra Law Office Jasper, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ZACHARY J. STOCK Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
RODGER W. NEWPORT, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 63A01-0708-CR-401

APPEAL FROM THE PIKE CIRCUIT COURT The Honorable Jeffrey L. Biesterveld, Judge Cause No. 63C01-0503-FC-158

December 28, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

BARNES, Judge

Case Summary Rodger Newport appeals his four-year sentence for child molesting, a Class C felony. We affirm. Issue Newport presents one issue for our consideration, whether his sentence is appropriate in light of the nature of the offense and the character of the offender. Facts Between 1995 and 2002, Newport fondled and touched the breasts and vagina of his adopted daughter. She was under the age of fourteen at the time. In 2004, he

attempted to fondle and touch the breasts of another one of his daughters. On March 10, 2005, the State charged Newport with one count of a Class C felony child molesting and one count of Class C felony attempted child molesting. On the morning of trial, Newport pled guilty to one count of child molesting, and the State dismissed the attempted child molesting charge. The trial court held a

sentencing hearing on June 29, 2007, and sentenced Newport to four years in the Department of Correction. The trial court also ordered him to register as a sex offender. Analysis Newport committed these crimes before Indiana enacted the advisory sentencing scheme. We therefore apply the presumptive sentencing scheme in effect at that time. Gutermuth v. State, 868 N.E.2d 427, 432 n.4 (Ind. 2007). The presumptive sentence for a Class C felony was four years. See Ind. Code

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