Court of Appeals of Indiana | Memorandum Decision 49A02-1704-CR-729 | December 21, 2017 Page 1 of 5

MEMORANDUM DECISION

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

Ellen M. O’Connor

Marion County Public Defender Agency

Indianapolis, Indiana

ATTORNEYS FOR APPELLEE

Curtis T. Hill, Jr.

Attorney General of Indiana

Michael Gene Worden

Deputy Attorney General

Indianapolis, Indiana

I N T H E

COURT OF APPEALS OF INDIANA

Andy Sosa-Lopez,

Appellant-Defendant,

v.

State of Indiana,

Appellee-Plaintiff

December 21, 2017

Court of Appeals Case No.

49A02-1704-CR-729

Appeal from the Marion Superior 

Court

The Honorable Stanley E. Kroh, 

Magistrate

Trial Court Cause No.

49G03-1607-F4-26150

Crone, Judge.
Court of Appeals of Indiana | Memorandum Decision 49A02-1704-CR-729 | December 21, 2017 Page 2 of 5

Case Summary

[1] Andy Sosa-Lopez (“Lopez”) appeals his conviction following a jury trial for 

level 4 felony child molesting. The sole issue presented for our review is 

whether the State presented sufficient evidence to sustain the conviction. 

Finding the evidence sufficient, we affirm.

Facts and Procedural History

[2] Lopez is the stepfather of Cesar Juarez. Juarez’s wife, Abigail Smiddy, has a 

son, C.S., and a twelve-year-old daughter, N.S.1 Juarez considers himself to be 

N.S.’s father. In July 2016, Juarez, Abigail, C.S., and N.S. lived in an 

Indianapolis home with Lopez, his wife Maria, their two sons, and Maria’s 

three sons. N.S. and C.S. shared a downstairs bedroom with their mother and 

Juarez. The two children slept on a pull-out couch in that bedroom.

[3] On July 4, 2016, the entire family attended a fireworks show and then came 

home and went to bed. The next morning, Abigail took Juarez to work around 

7:30 a.m. While Abigail was gone, Lopez entered the downstairs bedroom and 

fondled N.S.’s vagina while she was sleeping. The fondling woke N.S. up, and 

she saw Lopez run out of the bedroom and go up the stairs. N.S. told her 

mother about the incident when she returned home. Abigail immediately 

called Juarez.

 

1 Abigail testified that she and Juarez were “engaged” and had “a commitment ceremony” four years ago. 

Tr. Vol. 2 at 58-59. Juarez testified that he and Abigail were “married.” Id. at 85. 
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[4] That evening, the family confronted Lopez about the incident. Lopez admitted 

that he went into the bedroom where N.S. was sleeping and stated that he 

touched her to wake her up and to ask her if she knew where Juarez was. 

Juarez did not believe this explanation because Lopez already knew that Juarez 

was working that morning because they had just talked about it the Sunday 

before. Abigail immediately called the police. When an officer arrived, Lopez 

stood up, turned around, and placed his hands behind his back to be handcuffed 

without any prior direction from the officer.

[5] The State charged Lopez with level 4 felony child molesting. Following a trial, 

the jury found Lopez guilty as charged. The trial court sentenced Lopez to four 

years’ imprisonment. This appeal ensued.

Discussion and Decision

[6] Lopez contends that the State presented insufficient evidence to support his 

conviction. When reviewing a claim of insufficient evidence, we neither 

reweigh the evidence nor assess witness credibility. Bell v. State, 31 N.E.3d 495, 

499 (Ind. 2015). We look to the evidence and reasonable inferences drawn 

therefrom that support the conviction, and will affirm if there is probative 

evidence from which a reasonable factfinder could have found the defendant 

guilty beyond a reasonable doubt. Id. In short, if the testimony believed by the 

trier of fact is enough to support the conviction, then the reviewing court will 

not disturb it. Id. at 500.
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[7] Indiana Code section 35-42-4-3(b) provides that a person who, “with a child

under fourteen (14) years of age, performs or submits 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, commits child 

molesting, a Level 4 felony.” “The intent element of child molesting may be 

established by circumstantial evidence and may be inferred from the actor’s 

conduct and the natural and usual sequence to which such conduct usually 

points.” Bass v. State, 947 N.E.2d 456, 460 (Ind. Ct. App. 2011), trans. denied. 

Moreover, a conviction can be sustained on only the uncorroborated testimony 

of a single witness, even when that witness is the victim. Bailey v. State, 979 

N.E.2d 133, 135 (Ind. 2012).

[8] N.S. testified that on the morning of July 5, 2016, when she was twelve years

old, she was sleeping wrapped in a blanket on the pull-out couch with her 

brother. She awoke to the feeling of a hand touching her vagina in a circular 

motion on the outside of her underwear. When she pushed the blanket off her 

face, she saw Lopez running out of the bedroom and up the stairs. The jury 

could reasonably infer from this testimony that Lopez touched N.S. and that he 

did so with the intent to arouse or to satisfy his or her sexual desires. N.S.’s 

testimony is alone sufficient to support Lopez’s conviction for level 4 felony 

child molesting.

[9] Lopez suggests that perhaps N.S was “dreaming” or perhaps the sensations she 

felt were related to her “eczema.” Appellant’s Br. at 14. This is merely a 
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request for us to reweigh the evidence, a task not within our prerogative on 

appeal. The State presented sufficient evidence to support Lopez’s conviction.

[10] Affirmed.

Robb, J., and Bradford, J., concur.