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FOR PUBLICATION
ATTORNEY FOR APPELLANT: T. MICHAEL CARTER Scottsburg, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

Dec 30 2008, 8:48 am

IN THE COURT OF APPEALS OF INDIANA
TINA SUE DAY, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 36A05-0804-CR-219

APPEAL FROM THE JACKSON CIRCUIT COURT The Honorable William E. Vance, Judge Cause No. 36C01-0708-FB-38

December 30, 2008 OPINION - FOR PUBLICATION

MAY, Judge

Tina Sue Day appeals her seventeen-year sentence for Class B felony promoting prostitution.1 We find nothing inappropriate about a seventeen-year sentence for a

woman who accepted cash in exchange for allowing multiple men to molest her twelveyear old daughter. We therefore affirm. FACTS AND PROCEDURAL HISTORY The State charged Day with promoting prostitution, Class B felony child molesting,2 Class C felony child molesting,3 and Class C felony neglect of a dependent.4 Day pled guilty to promoting prostitution and the State agreed to dismiss the remaining charges. The plea agreement left sentencing to the trial court's discretion. At sentencing, the court found one significant mitigator in Day's lack of criminal history. It also found four aggravators: the child's age, the great harm caused to the child, Day's position as mother of the child, and the child being "no physical match for the people [Day] sold her to." (Tr. at 35.) Based thereon, the court imposed a s eventeenyear sentence.5 DISCUSSION AND DECISION Day challenges the appropriateness of her sentence based on the trial court's alleged failure to consider her "poverty, mental illnesses, personality disorders, and alcoholism [when] determining the defendant's character." (Appellant's Br. at 4.) Day
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Ind. Code

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