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McCARTER v. STATE

No. 26A04-1106-CR-409.

961 N.E.2d 43 (2012)

Mitchell A. McCARTER, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

February 7, 2012.

Attorney(s) appearing for the Case

Stephen P. Murphy, Jr. , Law Offices of Stephen Murphy, LLC, Evansville, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Aaron J. Spolarich , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Mitchell A. McCarter appeals his conviction for sexual battery, as a Class D felony, following a bench trial. McCarter presents a single issue for review, namely, whether the evidence is sufficient to support his conviction.

We reverse and remand with instructions.

FACTS AND PROCEDURAL HISTORY

Between ten and ten-thirty on the evening of March 22, 2011, sixteen-year-old D.H....

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