Gilfillen v. State

ON PETITION TO TRANSFER

KRAHULIK, Justice.

Terry Gilfillen seeks transfer to this Court after the Court of Appeals affirmed the revocation of his probation in a memorandum decision. Gilfillen v. State (1991), Ind.App., 577 N.E.2d 279. (Miller, J. and Conover, J.; Sullivan J. dissenting). Because we believe that the probation was wrongfully revoked, we now grant transfer.

Gilfillen was convicted, by jury, of two counts of child molesting, Ind. Code § 35-42-4-3(c), a class C felony, Ind. Code § 35-42-4-3(d), a class D felony, and one count of incest, Ind. Code § 35-46-l-3(a), a class D felony.…