MATHIAS, Judge.
John Everitt Dickey ("Dickey") was convicted in Clark Circuit Court of two counts of Class A felony child molesting and sentenced to an aggregate term of forty-five years, with five years suspended. Dickey appeals and presents one issue for our review: whether the trial court abused its discretion in admitting into evidence testimony that Dickey had been physically abusive both to the victim and to the victim's mother. Because Dickey failed to preserve this issue for appeal, we affirm.
In 2003, Dickey lived with his then girlfriend, N.S., who had two daughters, one
Shortly after these incidents of physical violence, N.O. came home from school and found Dickey in a bedroom ironing clothes. Dickey told N.O. to get undressed and lie down on a blanket on the floor. Dickey got on top of N.O. and attempted to penetrate her vagina with his penis, but was initially unable to do so. He then took the girl to her mother's bedroom and told her to lie down on the edge of the bed. Dickey gave the girl lubricant and told her to rub it on his penis. She did so for several minutes, after which Dickey inserted his penis into her vagina. When Dickey heard N.S. arrive home, he stopped his molestation and told N.O. to clean herself up. He also told her that if she told anyone, he would hurt or kill both her and her family.
Dickey later molested N.O. during a second incident, which started when Dickey called N.O. into the house from playing outside. He told her to go to the bathroom and clean herself up. He then told her to sit on the edge of her mother's bed and remove her pants and underpants. Dickey then placed his mouth on N.O.'s genitalia.
N.O. did not immediately report these incidents. Several years later, when she was thirteen years old, N.O. told her cousin that Dickey had "raped" her. Tr. p. 97. When she was fourteen years old, N.O. went to the doctor for a wellness examination and was given a questionnaire. One of the questions asked if she had ever been touched in a way that made her feel uncomfortable. N.O. answered, "Yes." Tr. p. 60. When questioned by the physician about this, she told her about Dickey's behavior. The physician then reported N.O.'s allegations to the authorities.
On November 6, 2009, the State charged Dickey with two counts of Class A felony child molesting. Count I alleged that Dickey performed sexual intercourse with N.O., and Count II alleged that he performed criminal deviate conduct with N.O.
During a pre-trial hearing, the trial court ruled on this motion by stating that it would:
Tr. p. 36 (emphasis added).
During N.O.'s testimony, the State asked her, "at what point d[id] the things change where [Dickey] change[d] how he relate[d] to you and your mom?" Tr. p. 73. Dickey's counsel then interjected, "Your Honor, I'm going to renew our objection to this line of questioning at this time." Id. The trial court overruled the objection, and the State continued to elicit detailed testimony concerning Dickey's physical abuse of N.O. and her mother. Tr. pp. 73-79. Dickey's counsel, however, did not further object to this testimony, nor did she request a continuing objection. At the conclusion of trial, the jury found Dickey guilty as charged. The trial court subsequently sentenced Dickey to forty-five years on each count, to be served concurrently. The trial court also suspended five years of each sentence. Dickey now appeals.
On appeal, Dickey claims that the trial court abused its discretion when it admitted into evidence N.O.'s testimony concerning his prior physical abuse of N.O. and her mother. It is well settled that the admission of evidence is entrusted to the sound discretion of the trial court, and the trial court's decision on the admission of evidence will not be reversed on appeal absent a showing of manifest abuse of the trial court's discretion. Simmons v. State, 760 N.E.2d 1154, 1158 (Ind.Ct.App.2002).
Prior to trial, Dickey filed a motion in limine seeking to exclude the evidence of his prior bad acts. However, a trial court's ruling on a motion in limine is not a final ruling on the admissibility of the evidence in question, and a motion in limine does not preserve the error for appeal. Id. Instead, in order to preserve error in the denial of a motion in limine, the party must also object to the admission of the evidence at the time it is offered. Id.
Here, when the State asked N.O. when Dickey's relationship with N.O. and her mother began to change, Dickey did object, and the trial court overruled this objection. However, the State then continued to ask N.O. questions that elicited detailed testimony regarding Dickey's past physical abuse of N.O. and her mother, all without further objection from Dickey. See Tr. pp. 73-79. Dickey's "renewed" objection to the initial question is insufficient to preserve for appeal the question of error regarding the further questioning by the State. See Hutcherson v. State, 966 N.E.2d 766, 770 (Ind.Ct.App.2012) (holding that defendant's single objection during State's questioning of witness did not preserve error for appeal), trans. denied.
Of course, this is not to suggest that Dickey's only alternative was to object to each question by the State. To the contrary, a proper request for a continuing objection, if granted by the trial court, is sufficient to preserve error. See id.; see also Hayworth v. State, 904 N.E.2d 684, 691-92 (Ind.Ct.App.2009) (noting that continuing objections can preserve error on appeal and serve the useful purpose of avoiding the futility and waste of time
We therefore conclude that Dickey failed to preserve for appeal the sole issue he now presents to this court.
Affirmed.
NAJAM, J., and BROWN, J., concur.