Thompson v. State

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Defendant, Bill C. Thompson (Thompson), appeals his conviction of sexual battery, a Class D felony, Ind.Code § 35-42-4-8. Thompson also appeals the sentence imposed on him by the trial court.

We reverse and remand.

ISSUES

Thompson raises the following issues on appeal, which we restate as follows:

1. Whether the trial court erred in finding sexual battery to be a lesser-included offense of rape.

2. Whether Thompson was denied eredit for all the time he had served prior to his sentencing.

FACTS AND PROCEDURAL HISTORY

On May 9, 1998, the victim (TM.)…