Golladay v. State

OPINION

FRIEDLANDER, Judge.

Lawrence Golladay appeals his conviction of Home Improvement Fraud,1 a class A misdemeanor. The following restated issue is dispositive of the appeal: Did conviction under I.C. § 35-43-6-12(a)(4) (Subsection (a)(4)) violate due process when the defendant was charged under I.C. § 35-43-6-12(a)(3) (Subsection (a)(3))?

We reverse.

*391The facts favorable to the conviction are that on August 2, 2004, Golladay and Max Starkey signed a contract calling for Golla-day to (1) replace the roofs on the house and barn owned by Starkey and his wife, Elaine, (2) replace the siding on…