STATE v. LUNA

No. 09A02-0907-CR-694.

932 N.E.2d 210 (2010)

STATE of Indiana, Appellant-Plaintiff, v. Genaro LUNA, Appellee-Defendant.

Court of Appeals of Indiana.

August 5, 2010.


Attorney(s) appearing for the Case

Gregory F. Zoeller, Attorney General of Indiana, Cynthia L. Ploughe, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Jay T. Hirschauer, Hirschauer & Hirschauer, Logansport, IN, Attorney for Appellee.


OPINION

KIRSCH, Judge.

Following a jury trial, Genaro Luna was acquitted on eight counts of child molesting,1 five of which were Class A felonies and three of which were Class C felonies. The State now appeals on a reserved question of law: whether the trial court erred when it admitted evidence that the complaining witness, T.P., had made a prior allegation of molestation, where the only evidence that the prior allegation was...

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