BIRCH v. STATE

No. 02A03-9007-CR-295.

569 N.E.2d 709 (1991)

Leon E. BIRCH, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

April 15, 1991.


Attorney(s) appearing for the Case

Gregory L. Fumarolo, Fort Wayne, for appellant.

Linley E. Pearson, Atty. Gen., Wendy Stone Messer Deputy Atty. Gen., Indianapolis, for appellee.


HOFFMAN, Presiding Judge.

Defendant-appellant Leon E. Birch appeals his convictions for robbery, a Class A felony; attempted rape, a Class A felony; and battery, a Class C felony.

The facts relevant to this appeal disclose that on June 29, 1989, at approximately 7:10 P.M., the victim left the YMCA in downtown Fort Wayne and proceeded to walk home. As she was walking, she was approached by the defendant who asked her "Do you get high?" The victim replied that...

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