Francis v. State

DeBRULER, Justice.

Appellant Francis was tried to a jury and found guilty of incest, a Class D felony. 1.C. 85-46-1-3(a) He was given a two-year sentence, which was enhanced by thirty years pursuant to a finding that he is a habitual offender. 1C. 85-50-2-8. Francis appeals his conviction and asserts as one of five bases of error that the trial court erred in denying his motion to correct errors in the face of exculpatory evidence discovered subsequent to his conviction. Because we find that the newly discovered evidence does require the reversal of appellant's conviction, we do not reach his…