Bergner v. State

CHIPMAN, Judge.

Following a jury trial in the Lake Superi- or Court appellant Lester Bergner was convicted of sodomizing1 his four-year old daughter. His appeal challenges the trial court’s rulings on the admissibility of photographs depicting the act of fellatio and the applicability of the marital privilege to the testimony of his ex-wife. Appellant also argues the evidence was insufficient to support the verdict. We have extensively reviewed and researched these issues and affirm appellant’s conviction.

FACTS

The principal evidence in this case consisted of State’s Exhibits 1 and 2 which are…