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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
Dec 30 2008, 10:17 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: LEANNA WEISSMANN Lawrenceburg, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana GEORGE P. SHERMAN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
VINCENT E. SIMON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 69A01-0807-CR-321

APPEAL FROM THE RIPLEY CIRCUIT COURT The Honorable W. Michael Wilke, Special Judge Cause No. 69C01-0611-FC-24

December 30, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Vincent E. Simon appeals his convictions and sentence for three counts of incest as class C felonies.1 Simon raises two issues, which we revise and restate as: I. Whether the evidence is sufficient to sustain his convictions for incest; Whether the trial court abused its discretion in sentencing him; and Whether the sentence is inappropriate in light of the nature of the offense and the character of the offender.

II. III.

We affirm. The relevant facts follow. Simon and E.S.s mother were married in March 1989, and E.S. was born in April 1989. Simon was identified on E.S.s birth certificate as her father. When Simon and E.S.s mother divorced in May 1990, Simon agreed that one child, E.S., had been born to the marriage. As a result of the dissolution proceedings, Simon was ordered to pay child support, and Simon did in fact pay child support for E.S. In 2005 and 2006, Simon regularly inserted his fingers in E.S.s vagina. In the fall of 2006, Simon had sexual intercourse with E.S. on two occasions. Later DNA testing confirmed that Simon was E.S.s biological father. The State charged Simon with three counts of incest as class C felonies. After a bench trial, the trial court found Simon guilty as charged. At the sentencing hearing, the trial court found one mitigator, Simons minimal prior criminal history, and one aggravator, the violation of his position of trust. For each of the three convictions, the trial court sentenced Simon to the advisory sentence of four years with two years
1

Ind. Code

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