COA affirms man’s attempted child molestation conviction, sentence

The attempted child molestation conviction and six-year executed sentence for a man who victimized his live-in girlfriend’s twin daughters will stand, the Indiana Court of Appeals ruled Wednesday, rejecting his claims that certain testimony should not have been allowed and his eight-year sentence was inappropriate.

Jonathan Rivera was convicted after a Hancock Circuit bench trial of the Level 4 felony count after his 10-year-old victim claimed he inappropriately touched her after he relocated from New Jersey to live with the child’s mother.

In Jonathan Rivera v. State of Indiana, 18A-CR-3108, Rivera challenged the girls’ mother’s testimony that one of her daughters told her that Rivera had fondled her beneath her underpants. Rivera argued this was inadmissible hearsay and its admission was fundamental error, but the COA disagreed.

“Rivera has not established that the challenged testimony resulted in a risk of unfair prejudice. Accordingly, the trial court did not commit fundamental error and reversal is not warranted,” Judge Elaine Brown wrote for the panel.

And despite a history of mental health issues and admitted daily marijuana use, “(a)fter due consideration, we conclude that Rivera has not sustained his burden of establishing that his sentence is inappropriate in light of the nature of the offense and his character,” the panel found.