Bradford, J..
[I]n exchange for not filing charges related to other alleged victims who had come forward, Couch plead guilty to five counts of Class A felony child molesting, Class C felony child exploitation, and Class D felony possession of child pornography.
On March 22, 2012, the trial court held a sentencing hearing. Among others, J.M. and fourteen-year-old A.B. testified for the State. J.M. testified that he and Couch had engaged in frequent fellation of each other when J.M. was between the ages of ten and fourteen. A.B., who is related to Couch by marriage, testified that, beginning when he was thirteen, Couch “was always asking to perform oral sex and for [A.B.] to give him oral sex … every time we were alone and his parents weren’t at his house.” Tr. p. 59. A.B. testified that this occurred approximately ten to fifteen times. Couch objected to the above testimony on the basis that it should not be usable to support a finding that multiple victims were an aggravating circumstance, but conceded that it was relevant for character purposes. The trial court found, as aggravating circumstances, Couch’s violation of trust, the repeated sexual assaults of a particularly vulnerable child, the pattern of depravity Couch has exhibited, and that the victim “will spend the rest of his life reliving from time to time these assaults and trying to move on[.]”
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Couch’s argument in this regard is essentially that the admission of J.M.’s and A.B.’s testimony amounts to a circumvention of his plea agreement because the trial court allegedly used their testimony to enhance his sentences and order some of them to be served consecutively. See, e.g., Roney v. State, 872 N.E.2d 192, 201 (Ind. Ct. App. 2007) (“If a trial court accepts a plea agreement under which the State agrees to drop or not file charges, and then uses facts that give rise to those charges to enhance a sentence, it in effect circumvents the plea agreement.”), trans. denied. There is, however, no indication in the record that the trial court did this. The trial court did not find that Couch’s uncharged conduct was an aggravating circumstance warranting the imposition of enhanced and consecutive sentences, and, indeed, did not even mention it in imposing sentence. Although Couch claims that the evidence in question “poisoned the well and led to the trial court sentencing Couch more harshly[,]” this is pure conjecture supported by nothing in the record. Appellant’s Br. p. 11. Couch has failed to establish that the trial court abused its discretion in this regard.
ROBB, C.J., and BAKER, J., concur.