Roth v. State

CONOVER, Judge.

Defendant-Appellant Robert Roth (Roth) appeals his convictions for sexual battery and criminal deviate conduct. IND.CODE 835-42-4-8; 85-42-4-2.

We reverse.

Because we reverse, we address only the issue of whether the trial court erred in permitting the State to cross-examine Roth concerning two prior misdemeanor convictions.

In May 1988, Roth entered the apartment of Candy Brooks (Brooks) while Brooks was asleep on her couch. Roth awakened Brooks, then ordered her to the floor. He then unbuttoned her shorts and removed her underwear. Roth fondled Brooks's breasts and genital area,…