D.G. v. State

OPINION

BARNES, Judge.

Case Summary

D.G. appeals the trial court’s true finding for what would be Class B felony child molesting if committed by an adult. We reverse and remand.

Issues1

We address two issues, which we restate as:

I. whether the trial court properly admitted the testimony of the six-year-old alleged victim, A.S., without assessing her competency; and

II. whether there is sufficient evidence to support the finding.

Facts

On July 12, 2009, thirteen-year-old D.G. spent the night at the house of his friend, C.K. C.K.’s mother, mother’s male friend, and four younger siblings, including…