Craig v. State

ROBERTSON, Judge.

Howard R. Craig appeals his convictions of one count of child molesting, a class B felony, and one count of incest, a class D felony, for which he received ten-year and one and one-half year sentences to be served concurrently.

We affirm but vacate Craig's conviction of incest.

8

The State's third witness, Officer Heiden, testified on direct examination, over Craig's hearsay objection, that H.C.'s mother told him "that, uh, Howard Craig ... had put his penis into [H.C.'s] mouth." Earlier testimony had already established that H.C.'s mother had not been present when the alleged…