James L. Kelly v. State Indiana

The defendant, James L. Kelly, was convicted by a jury in a consolidated trial of two counts of child molesting, one Class A felony and one Class C felony, Ind. Code § 35-42-4-3 (Burns 1979 Repl.), two counts of incest, Class D felonies, Ind. Code § 35-46-1-3(a) (Burns 1979 Repl.), and two counts of being an habitual offender, Ind. Code § 35-50-2-8 (Burns 1979 Repl.). On one cause number, defendant was sentenced to concurrent terms of fifty and four years plus an additional consecutive term of thirty years. On the second cause number, he was sentenced to concurrent terms of eight and four years plus an additional consecutive term of thirty years. The latter thirty year term was subsequently vacated by the trial court in its ruling on defendants belated motion to correct errors. Defendant now raises the following five issues for our review: