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UDARBE v. STATE

No. 45A03-0010-CR-373.

749 N.E.2d 562 (2001)

Noel UDARBE, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

May 8, 2001.

Attorney(s) appearing for the Case

Marce Gonzalez, Jr., Merrillville, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Nandita G. Shepherd, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

KIRSCH, Judge.

Noel Udarbe appeals his conviction of attempted criminal deviate conduct,1 a Class B felony, contending that the trial court erred in admitting uncharged sexual misconduct evidence when his intent was not placed at issue. We agree and reverse and remand for a new trial.

FACTS AND PROCEDURAL HISTORY

The facts most favorable to the judgment show that in July 1996, Maria Baclao, a Philippino...

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