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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: JAY RODIA Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana SCOTT L. BARNHART Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0702-CR-125

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Sheila Carlisle, Judge Cause No. 49G03-0607-FC-126895

August 17, 2007

MEMORANDUM DECISION - NOT FOR PUBLICATION

NAJAM, Judge

STATEMENT OF THE CASE William Temple appeals his conviction for Child Molesting, as a Class C felony, following a bench trial. He raises a single issue for our review, namely, whether the State presented sufficient evidence to support his conviction. We affirm. FACTS AND PROCEDURAL HISTORY On July 11, 2006, Brenda Schultz hosted her family at her Indianapolis home. Temple, Schultz' brother, attended along with three of Schultz' grandchildren, including four year-old A.M. At some point that evening, the grandchildren were inside the home with Schultz, while the other adults were outside in the yard. Schultz left the home to walk her dog, and as she left Temple entered the home. After about ten minutes, Schultz went back inside her house. Upon entering, she noticed that A.M. was not with the other grandchildren and that Temple was in the kitchen. Schultz heard Temple say, "Does this feel good?" Transcript at 17. She then walked towards the kitchen and saw that Temple was approximately six inches away from A.M., that A.M.'s panties were down, and that Temple's finger was "[i]n her vagina." Id. at 19. Schultz became hysterical and ran from the house, screaming, "Bill, I can't believe you did this. Get out. Get out. Get him out." Id. at 39. A fellow family member confronted Temple and punched him in the mouth, after which Temple "took off running." Id. at 41. On July 14, the State charged Temple with two counts of child molesting, each as a Class C felony. The State also alleged that Temple was a repeat sexual offender. The
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State subsequently dismissed one count of child molesting. Following a bench trial in which Schultz testified as to her observations on July 11, the court found Temple guilty on the remaining charge of child molesting. The court also found that Temple was a repeat sexual offender and sentenced him to a total of ten years in the Department of Correction. This appeal ensued. DISCUSSION AND DECISION Temple contends that the State did not present sufficient evidence to support his conviction. When reviewing a claim of sufficiency of the evidence, we do not reweigh the evidence or judge the credibility of the witnesses. Jones v. State, 783 N.E.2d 1132, 1139 (Ind. 2003). We look only to the probative evidence supporting the judgment and the reasonable inferences that may be drawn from that evidence to determine whether a reasonable trier of fact could conclude the defendant was guilty beyond a reasonable doubt. Id. If there is substantial evidence of probative value to support the conviction, it will not be set aside. Id. To prove child molesting, as a Class C felony, the State was required to show beyond a reasonable doubt that Temple, "with a child under fourteen (14) years of age, perform[ed] or submit[ted] to any fondling or touching, of either the child or the older person, with intent to arouse or to satisfy the sexual desires of either the child or the older person." Ind. Code

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