Sears v. State

PIVARNIK, Justice.

Defendant-appellant Daniel K. Sears was convicted of Criminal Deviate Conduct, Ind. Code § 35-42-4-2 (Burns Rep1.1979), at the conclusion of a jury trial in Lawrence Circuit Court on April 28, 1982. Sears was also found to be a habitual offender. The trial court sentenced the defendant to seventy-five (75) years imprisonment. Sears now appeals.

Defendant Sears raises four issues for our review. As we find there was reversible error, it is necessary to treat only that issue requiring reversal.

The record of the proceedings reveals that on July 27, 1981, A.B. went into a tavern…