McGhee v. State

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Defendant, Larry L. McGhee (McGhee), appeals his conviction for incest, as a Class C felony, Ind.Code § 35-46-1-3.

We reverse and remand.

ISSUE

McGhee presents two issues for our review, one of which we find to be disposi-tive: Whether the trial court abused its discretion by admitting McGhee’s confession into evidence.

FACTS AND PROCEDURAL HISTORY

On May 25, 2007, McGhee was released from prison and went to stay at his mother’s house in Anderson, Indiana. Twenty-five-year-old K.O., McGhee’s sister’s daughter, ie., his niece, was also living in…