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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: LEANNA WEISSMANN

FILED
May 06 2011, 8:51 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER

Lawrenceburg, Indiana

Attorney General of Indiana
GEORGE P. SHERMAN Deputy Attorney General Indianapolis, Indiana

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

No. 15A05-1010-CR-690

APPEAL FROM THE DEARBORN SUPERIOR COURT The Honorable Sally A. Blankenship, Judge Cause No. 15D02-0902-FA-1

May 6, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION BRADFORD, Judge

Appellant-Defendant Steven Gray appeals from his convictions of and sentences for Class A felony Child Molesting,1 Class B felony Rape,2 and Class B felony Incest.3 Gray contends that his convictions are not supported by sufficient evidence, his convictions for three crimes violate constitutional prohibitions against double jeopardy, and his fifty-year sentence is inappropriately harsh. We affirm in part and reverse in part. FACTS K.G. was born on January 14, 1995. At some point in early November of 2008, K.G. was at the home she shared with Gray, her father, when he arrived. Gray

complained about how he thought that his current wife or girlfriend was cheating on him, appeared to be intoxicated, and "reeked of alcohol." Tr. p. 113. When K.G. went to the restroom, Gray followed her and changed clothes while she was using the restroom. When K.G. stood to pull her pants up, Gray pulled her into his bedroom while she said, "dad, please stop, please stop[.]" Tr. p. 115. Gray pushed K.G. onto the bed, pulled her pants and underwear down, pinned her arms "back by [her] head[,]" and inserted his penis into her vagina. Tr. p. 115. During the intercourse, which lasted approximately ten minutes, K.G. cried and repeatedly asked Gray to stop. After Gray was finished, he told K.G. that he would kill her if she told anybody what had happened. On February 10, 2009, South Dearborn Middle School Principal Todd Bowers had K.G. and another female student come to his office so that could mediate a dispute that
1

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