Durbin v. State

STATON, Judge.

A Lake Superior Court jury convicted Keith A. Durbin of criminal deviate conduct, a class B felony. West’s AIC 35-42-4-2. He was sentenced to eight years imprisonment. Durbin raises four issues on appeal, which we consolidate and restate as:

1. Whether the evidence is sufficient to support the verdict?

2. Whether the trial court erred in refusing to instruct the jury on battery as a lesser-included offense?

3. Whether the sentence is manifestly unreasonable?

We affirm.

Viewed most favorably to the judgment, .the evidence produced at trial shows that at approximately 12:30 a.m. on…