Verdyer Clark v. State of Indiana

OPINION ON REHEARING

MAY, Judge.

•The State petitions for rehearing in Clark v. State, 978 N.E.2d 1191 (Ind.Ct.App.2012), where we reversed Clark’s conviction of Class D felony battery. The State was required to prove, as an element of that offense, that Clark was eighteen or older when he battered a child younger than fourteen.

As evidence of his age, the State provided two documents from a social worker. One, “Preliminary Report of Alleged Child Abuse or Neglect,” lists Clark as “Other Person Responsible for Child(ren)” and shows his age as twenty-three. Id. at 1193. The other document,…