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NUERGE v. STATE

No. 79A05-9605-CR-204.

677 N.E.2d 1043 (1997)

James A. NUERGE, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Transfer Denied May 14, 1997.

Attorney(s) appearing for the Case

Steven Knecht, Vonderheide & Knecht, Lafayette, for Appellant-Defendant.

Pamela Carter, Attorney General, Lisa M. Paunicka, Deputy Attorney General, Indianapolis, for Appellee-Plaintiff.

OPINION

SHARPNACK, Chief Judge.

James A. Nuerge appeals his conviction for child molesting, a class C felony. Nuerge raises the following two issues for our review: (1) whether the evidence is sufficient to support the conviction, and (2) whether defense counsel was ineffective. In addition, we find sua sponte fundamental error with Nuerge's conviction and sentence under the wrong version of the child molesting statute, Ind.Code § 35-42-4-3....

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