Childs v. State

OPINION

SHARPNACK, Sr. Judge.

Michael Childs appeals his conviction for sexual battery as a class D felony.1 Childs raises two issues, which we revise and restate as whether the trial court erred by entering judgment of conviction for sexual battery. We reverse.

The relevant facts follow. The State charged nineteen-year-old Childs with child molesting as a class B felony2 for having sexual intercourse with twelve-year-old K.F. and child molesting as a class C felony3 for fondling or touching K.F. The informations provided:

COUNT I

On or between April 1, 2005 and April 17, 2005, Michael Childs…