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Timothy Golden v. State of Indiana
State: Indiana
Court: Court of Appeals
Docket No: 49A05-0608-CR-449
Case Date: 03/19/2007
Preview:FOR PUBLICATION

ATTORNEY FOR APPELLANT: KIMBERLY A. JACKSON Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JUSTIN F. ROEBEL Deputy Attorney General Indianapolis, Indiana

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

No. 49A05-0608-CR-449

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Jane Magnus Stinson, Judge Cause No. 49G06-0512-FB-210853

March 19, 2007 OPINION-FOR PUBLICATION

BAKER, Chief Judge

Appellant-defendant Timothy Golden appeals the aggregate twenty-year sentence that was imposed following his guilty plea to Sexual Misconduct with a Minor, 1 a class B felony, and to being a Repeat Sex Offender. 2 Specifically, Golden claims that the sentence was inappropriate because the trial court erroneously rejected a proffered mitigating factor and incorrectly found the existence of aggravating circumstances. Thus, Golden maintains that the trial court improperly balanced the relevant mitigating and aggravating circumstances when deciding what sentence to impose. Moreover, Golden contends that the sentence was inappropriate in light of the nature of the offense and his character. Finding no error, we affirm the judgment of the trial court. FACTS On March 28, 2006, the State filed an amended information charging Golden with four counts of class B felony sexual misconduct with a minor and four counts of class C felony sexual misconduct with a minor. 3 The incidents all involved Golden's stepdaughter and the State alleged that the sexual misconduct occurred either during November and December 2004 or between May 2005 and August 2005. Golden was also alleged to be a repeat sexual offender because he had two prior convictions for child molesting. On July 5, 2006, Golden negotiated a plea agreement with the State, where he agreed to plead guilty to one count of sexual misconduct with a minor as a class B felony and to

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