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Dilts v. State

Court of Appeals of Indiana

June 21, 2017

Kyle W. Dilts, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal from the Dearborn Superior Court The Honorable Jonathan Cleary, Judge Trial Court Cause No. 15D01-1310-FA-22

          ATTORNEY FOR APPELLANT Leanna Weissmann Lawrenceburg, Indiana.

          ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Ian McLean Supervising Deputy Attorney General Indianapolis, Indiana.

          PYLE, JUDGE.

         Statement of the Case

         [¶1] Kyle W. Dilts ("Dilts") appeals his sentence for Class A felony child molesting.[1] Dilts was convicted of two counts of Class A felony child molesting for acts that occurred over a period of three years. The trial court sentenced him on one conviction and vacated the other. The State successfully appealed the trial court's decision to vacate the second conviction, and we remanded to the trial court to sentence Dilts on the second conviction. The trial court did so, and Dilts now appeals this second sentence. He argues that the trial court abused its discretion when it sentenced him and that his sentence was inappropriate under Appellate Rule 7(B) in light of the nature of his offense and his character. Because we find that the trial court did not abuse its discretion in sentencing Dilts and that Dilts' sentence was not inappropriate, we affirm his sentence.

         [¶2] We affirm.

         Issues

         1. Whether the trial court abused its discretion when it sentenced Dilts.

         2. Whether Dilts' sentence was inappropriate in light of the nature of his offense and his character.

         Facts

         [¶3] We stated the facts underlying Dilts' convictions in our opinion for his first appeal, as follows:

In 2011, Dilts was separated from his wife, Samantha Dilts ("Samantha"), with whom he had a daughter, K.D., born in March 2001. At that time, K.D. and Samantha lived in Kentucky with K.D.'s siblings and half-siblings, and Dilts lived in Aurora, Indiana with his girlfriend, Christie Rutledge ("Rutledge"), and her children.
During the time when Dilts lived in his house in Indiana, he inappropriately touched K.D. on multiple occasions when she visited him. The first time, which was sometime in 2011, K.D. was in the bathroom when Dilts went into the bathroom and "started fingering [her]" or touching her in her "vaginal area" with his fingers "moving in a circular motion." ([Trial] Tr. 503, 504).[2] Dilts, who was wearing no pants and had been masturbating, then picked up K.D., put her on his lap with her facing out, and "proceeded in fingering [her] again." ([Trial] Tr. 505). Dilts then "[p]artial[ly] inserted his penis into K.D.'s vagina." ([Trial] Tr. 506).
Subsequently, a few weeks later, Dilts again touched K.D. in the bathroom at his house in Indiana. Dilts "stuck his hands down [K.D.'s] pants[, ]" "took all of [her] clothes off[, ]" picked her up, placed her on his lap as he sat on the toilet, and "inserted his penis" into K.D. ([Trial] Tr. 509, 510). At this time, K.D. saw and felt that Dilts had a "bump" on his penis. ([Trial] Tr. 510).
On a third occasion at Dilts's house, he went into K.D.'s bedroom, where she was getting dressed, "pull[ed] [her] pants down about halfway" and then "fingered" and "licked" her "vaginal area." ([Trial] Tr. 511). After each molestation, Dilts warned K.D. not to tell anyone about what he had done.[3]
In August 2013, K.D. confided in her friend, T.A., that Dilts had molested her. K.D. was "shaky" and "crying." ([Trial] Tr. 388). K.D. told T.A. not to tell anyone. Around that same time, T.A.'s mother, Melanie Bowman ("Bowman"), noticed a change in K.D.'s demeanor from being a "bubbly kid" to "act[ing] strange" and not wanting to go around Bowman's husband. ([Trial] Tr. 400). T.A. eventually told her mother, who then informed K.D.'s mother, Samantha, about what Dilts had done. Thereafter, K.D.'s allegations were reported to the Indiana ...

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