Frey v. State

OPINION

FRIEDLANDER, Judge.

Justin T. Frey pled guilty to battery as a class B felony. Frey challenges the sentence imposed by the trial court. Specifically, Frey contends the trial court *233erred in failing to find any mitigating factors.

We affirm.

The facts favorable to the judgment are that in July 2004, Frey was sleeping in a bedroom with his girlfriend, Lisa McGuire, and her three children. All were sleeping on the bed except McGuire's two-year-old daughter, D.M., who was sleeping on the floor next to the bed. At some point, D.M. asked to get on the bed with her mother. Frey told her she could…