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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: KAREN CELESTINO-HORSEMAN Indianapolis, Indiana

FILED
Jun 21 2012, 8:41 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana GARY R. ROM Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
SIDNEY D. BENNETT, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 55A04-1111-CR-645

APPEAL FROM THE MORGAN SUPERIOR COURT The Honorable Christopher L. Burnham, Judge Cause No. 55D02-1007-FC-196

June 21, 2012 MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Appellant-Defendant Sidney Bennett appeals his conviction for Class C felony Child Molestation.1 Specifically, Bennett contends that the trial court abused its discretion in excluding certain evidence from trial and that the evidence is insufficient to support his conviction. We affirm. FACTS AND PROCEDURAL HISTORY At all times relevant to this appeal, A.G. was nine years old. A.G. had known Bennett since she was two years old and had visited his home on a regular basis. On June 7, 2010, Bennett contacted A.G.'s mother to inquire about spending the afternoon with A.G. A.G. spent the afternoon helping Bennett with yard work and visiting a nearby creek to look for rocks. After finishing the yard work, Bennett took A.G. into his bedroom. Bennett, who was standing behind A.G., bent A.G. over a chair, put his hand up her shorts (on top of her underwear), and rubbed her buttocks for approximately five seconds. Bennett told A.G. that he was checking her for ticks. Bennett then lay down on his bed and positioned A.G. on top of him before again touching her buttocks and "lift[ing]" her shirt up and touching and rubbing her chest. Tr. p. 65. Bennett did not ask A.G. to touch him or remove any of his clothes. After Bennett touched her chest, A.G. quickly moved away and Bennett got up and took a shower. Bennett took A.G. to a cookout at his parents' home before taking A.G. home for the evening. A.G. did not immediately tell her mother everything that had happened at Bennett's

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Ind. Code

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