Amburn v. State

ROBERTSON, Judge.

Appellant-defendant Richard Amburn appeals his conviction of child molesting, a Class D felony.

We reverse.

The evidence tending to favor the verdict showed that Amburn, a school bus driver, was en route to a high school basketball game with the victim, thirteen-year-old A.D. as his only passenger. A.D. had asked Amburn to take her back to the school when it appeared that A.D.'s mother had not yet arrived home to take A.D. Amburn stopped at his house, telling A.D. he needed to change clothes before the game.

Before going inside, Amburn asked A.D. whether she would prefer to wait…