WERNE v. STATE

No. 19A01-0011-CR-383.

750 N.E.2d 420 (2001)

Gilbert P. WERNE, Appellant-Defendant, v. STATE of Indiana, Appellee-Appellee.

Court of Appeals of Indiana.

Transfer Denied September 11, 2001.


Attorney(s) appearing for the Case

Scott A. Blazey, Ripstra Law Office, Jasper, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Ellen H. Meilaender, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


OPINION

MATHIAS, Judge.

Gilbert P. Werne was convicted of one count of child molesting, a Class C felony. In this appeal, he raises two issues, which we restate as the following dispositive issue: whether the trial court erred in admitting a prior, uncharged act of fondling under the intent exception to Evidence Rule 404(b). We reverse.

Facts and Procedural History

On May 22, 1999, six-year-old N.A. told her mother, Deborah Abell, that...

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