Brooks v. State

GARRARD, Presiding Judge.

Brooks was charged with child molesting (deviate conduct), a Class C felony. At the conclusion of the state's case the court granted judgment on the evidence against the state on the principal charge but indicated it would submit to the jury attempted child molesting (deviate conduct) a Class C felony, and child molesting (fondling) a Class D felony. The jury convicted Brooks of the Class D felony. No objection was made at trial or in the motion to correct errors to the Class D felony charge.

On appeal Brooks contends that the Class D felony which requires fondling is…