Cole v. State

OPINION

MAY, Judge.

Corey Cole appeals his conviction of Class B felony rape. 1 He presents two issues for our consideration:

1. Whether the trial court abused its discretion when it sustained the State’s objection to Cole’s attempt to refresh the victim’s memory with a writing made by another witness; and

2. Whether the trial court’s admission of hearsay constituted a fundamental error. We affirm.

FACTS AND PROCEDURAL HISTORY

At 11:00 p.m. on July 11, 2008, J.S. left work. Thereafter she consumed several alcoholic beverages at two bars. J.S. testi fied she does not remember anything after leaving…