*1 A PPELLANT P RO S E A TTORNEYS FOR A PPELLEE Kyle Bess Gregory F. Zoeller New Castle, Indiana Attorney General of Indiana

Chandra K. Hein Stephen R. Creason Richard C. Webster Deputy Attorneys General Indianapolis, Indiana ______________________________________________________________________________

In the

Indiana Supreme Court _________________________________ No. 09S02-1609-CR-484 K YLE B ESS ,

Appellant (Defendant below), v.

S TATE OF I NDIANA ,

Appellee (Plaintiff below). _________________________________

Appeal from the Cass Superior Court, No. 09D02-1502-F5-14 The Honorable Richard A. Maughmer, Judge _________________________________ On Petition for Rehearing _________________________________ December 16, 2016

Per Curiam.

Kyle Bess seeks rehearing from our opinion denying his request for sentencing relief under Indiana Appellate Rule 7(B). See Bess v. State, 58 N.E.3d 174 (Ind. 2016). Bess takes issue with our statement that in soliciting his 14-year-old niece, Bess “had her sit on his lap.” Id. Bess contends his niece did not, in fact, sit on his lap. He states he asked her to do so, but she declined. Bess contends this inaccuracy originated in the State’s Appellee’s Brief and that this “false *2 statement impacted the decision made by the Indiana Supreme Court to affirm the trial court.” Pet. for Reh’g at 11.

Bess is correct that the record reflects he solicited his niece to sit on his lap and she declined, not that he “had her sit on his lap.” See Tr. 48, 51. This factual difference does not alter our original decision. We grant rehearing to correct the facts as reflected herein. In all other respects the original opinion is affirmed.

All Justices concur.