MAY, Judge.
Aaron Young appeals his conviction of and sentence for three counts of Class A felony child molestation. He presents two issues for our review:
We affirm in part, reverse in part, and remand.
Young is the father of A.Y., born October 22, 1997. Young and A.Y.'s mother separated in 2005, and A.Y. visited Young "at least every other weekend[.]" (Tr. at 309). In 2010, when A.Y. was in seventh grade, she told two of her friends Young had been sexually molesting her. Her friends convinced her to tell a counselor, and the counselor reported the incidents to Child Protective Services.
The State charged Young with two counts of Class A felony child molestation. On October 7, 2011, a jury found Young guilty as charged. On November 9, the trial court sentenced Young to thirty years incarcerated for each count, to be served concurrently, and ordered him to register as a sex offender. On November 10, the trial court issued a supplemental sentencing order that classified Young as a credit restricted felon based on A.Y.'s age at the time of some of the crimes.
When reviewing sufficiency of evidence to support a conviction, we consider only the probative evidence and reasonable inferences supporting the trial court's decision. Drane v. State, 867 N.E.2d 144, 146 (Ind.2007). It is the fact-finder's role, and not ours, to assess witness credibility and weigh the evidence to determine whether it is sufficient to support a conviction. Id. To preserve this structure, when we are confronted with conflicting evidence, we consider it most favorably to the trial court's ruling. Id. We affirm a conviction unless no reasonable fact-finder could find the elements of the crime proven beyond a reasonable doubt. Id. It is therefore not necessary that the evidence overcome every reasonable hypothesis of innocence; rather, the evidence is sufficient if an inference reasonably may be drawn from it to support the trial court's decision. Id. at 147.
To prove Young committed Class A felony child molesting, the State had to prove Young was at least twenty-one years old and performed or submitted to sexual intercourse with a child under fourteen years of age. Ind.Code § 35-42-4-3(a). "Sexual intercourse" is "any penetration of the female sex organ by the male sex organ." Ind.Code § 35-41-1-26. Young acknowledges he was over twenty-one and A.Y. was under fourteen at the time of the offense, but he argues A.Y.'s testimony was incredibly dubious and the State did not present evidence of penetration. We disagree.
Under the "incredible dubiosity rule" we may "impinge on the jury's responsibility to judge the credibility of the witness only when it has confronted `inherently improbable testimony or coerced, equivocal, wholly uncorroborated testimony of incredible dubiosity.'" Rodgers v. State, 422 N.E.2d 1211, 1213 (Ind.1981). We will reverse a conviction if the sole witness presents inherently improbable testimony and there is no circumstantial evidence of the defendant's guilt. White v. State, 706 N.E.2d 1078, 1079-80 (Ind.1999).
Young argues inconsistencies between A.Y.'s testimony at trial and her testimony during a deposition make her testimony incredibly dubious. "The fact that a witness gives trial testimony that contradicts earlier pre-trial statements
Indiana courts have consistently held, and Young concedes, "the slightest penetration is enough to support a conviction." Dinger v. State, 540 N.E.2d 39, 40 (Ind. 1989). During Young's trial, A.Y. testified:
(Tr. at 329-30.) In his brief, Young points to portions of A.Y.'s testimony where she seemed confused and gave inconsistent testimony, and suggests those inconsistencies prove he did not penetrate A.Y. Young's argument is an invitation to reweigh the evidence, which we may not do. See Drane, 867 N.E.2d at 146 (on appeal, we will not reweigh the evidence, and we consider only the facts most favorable to the trial court's conclusion). The State presented sufficient evidence Young committed Class A felony child molesting. See Smith v. State, 779 N.E.2d 111, 116 (Ind. Ct.App.2002) ("a conviction for child molesting will be sustained when it is apparent from the circumstances and the victim's limited vocabulary that the victim described an act which involved penetration of the sex organ"), trans. denied.
Pursuant to Ind.Code § 35-31.5-2-72,
In its supplemental sentencing statement, the trial court found:
(App. at 7.) Count II alleged:
(Id. at 8.) Young argues the trial court erred when it determined he was a credit restricted felon because the acts alleged in Count II did not occur prior to A.Y.'s twelfth birthday. We agree.
During trial, A.Y. testified Young had sexual intercourse with her on three occasions: "a few weeks before my cousin's birthday in April; and then the second time would have been a few weeks after Independence Day; and the third time would have been after his birthday, but before my cousin [J]'s birthday." (Tr. at 339.) A.Y. then clarified those dates occurred in "2010." (Id. at 340.) A.Y. turned twelve years old on October 22, 2009. Based thereon, we hold the trial court erred when it decided Young was a credit restricted felon because the State did not present evidence he committed any actions under Count II while A.Y. was under the age of twelve. See Ind.Code § 35-31.5-2-72 (for crimes of child molestation and sexual deviate conduct, victim must be "less than twelve (12) years of age"). Accordingly, we reverse the trial court's classification of Young as a credit restricted felon and remand for recalculation of his credit time.
We hold A.Y.'s testimony was not incredibly dubious, and the State presented sufficient evidence to prove Young committed two counts of Class A felony child molestation. However, the trial court erred when it declared Young to be a credit restricted felon because the State did not prove he engaged in sexual intercourse with A.Y. when she was less than twelve years old. Accordingly, we reverse the determination that Young is a credit restricted felon, and remand for recalculation of Young's credit time.
Affirmed in part, reversed in part, and remanded.
KIRSCH, J., and NAJAM, J., concur.