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Samuel Hampton v. State of Indiana
State: Indiana
Court: Court of Appeals
Docket No: 49A04-0906-CR-331
Case Date: 02/08/2010
Preview:FOR PUBLICATION

ATTORNEY FOR APPELLANT: JOSEPH M. CLEARY Hammerle & Cleary Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ANGELA N. SANCHEZ Deputy Attorney General Indianapolis, Indiana

FILED
Feb 08 2010, 9:55 am
of the supreme court, court of appeals and tax court

CLERK

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

No. 49A04-0906-CR-331

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Robert Altice, Jr., Judge Cause No. 49G02-0802-FA-44326

February 8, 2010

OPINION - FOR PUBLICATION

BROWN, Judge

Samuel Hampton appeals his conviction for child molesting as a class A felony.1 Hampton raises one issue, which we revise and restate as whether the evidence is sufficient to sustain Hamptons conviction. On cross appeal, the State raises one issue, which we revise and restate as whether the sentence imposed by the trial court is illegal. We affirm. The facts most favorable to the conviction follow. Around Christmas in 2007, sixyear-old J.B. was visiting at the home of J.B.s great aunt, Renita Glasco, and Hampton, who was Glascos boyfriend. At some point during that visit, while Glasco was sleeping on the couch in the homes living room, J.B. went from the living room into a bedroom where Hampton, who was forty-seven years old, was laying on the bed wearing a t-shirt and boxer shorts. After J.B. joined Hampton on the bed, Hampton pulled down J.B.s underwear. Hampton then "put his penis inside [J.B.s] butt." Transcript at 14.

Hamptons penis felt "hard and greasy," and Hampton "was shaking it." Id. at 14-15. When Hamptons penis touched J.B., it made J.B. feel "[n]asty." Id. at 15. Also around Christmas, J.B. told her mother ("Mother") that "her behind kind of hurt[] her." Id. at 39. On January 12, 2008, J.B. "came out [of] the blue" and told Mother that "she had secrets to tell [her]." Id. at 33. J.B. told Mother that Hampton had touched her. Mother then called the police. On January 14, 2008, Indianapolis Police Detective Genae Gehring, a child abuse detective, met with Mother and J.B. Detective Gehring interviewed Mother, and also sat
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