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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.

FILED
May 06 2009, 10:00 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: AARON J. MYERS Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana THOMAS D. PERKINS Deputy Attorney General Indianapolis, Indiana

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

No. 06A01-0810-CR-487

APPEAL FROM THE BOONE CIRCUIT COURT The Honorable Rebecca McClure, Special Judge Cause No. 06C01-0708-FA-157

May 6, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION KIRSCH, Judge

Timothy Miller ("Miller") appeals his convictions after a jury trial for child molesting1 as a Class A felony and sexual misconduct with a minor2 as a Class B felony. Miller presents the following restated issues for our review: I. Whether the evidence was sufficient to support Millers conviction of Class A felony child molesting; Whether the trial court erred by allowing the prosecutor to use a timeline as a demonstrative exhibit; Whether Miller was entitled to relief based upon an allegation of prosecutorial misconduct for a discovery violation and drum-beat repetition of certain evidence; Whether Miller was entitled to relief based upon an allegation of juror misconduct in allowing the participation of alternate jurors; and Whether Millers sentence was inappropriate in light of the nature of the offense and the character of the offender.

II.

III.

IV.

V.

We affirm. FACTS AND PROCEDURAL HISTORY In early 2007, Detective Mike Beard of the Boone County Sheriffs Department received a report that Miller had been molesting his step-daughter, H.G., who was born on November 15, 1989. Ultimately, H.G. told Detective Beard that her step-father, Miller, had been molesting her for years and was the father of her child, who was born on May 4, 2006. H.G. told Detective Beard that Miller had threatened her with violence if she said anything about the abuse. Detective Beard obtained DNA samples from H.G., her child, and Miller.

1

See Ind. Code

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