Chew v. State

PRENTICE, Justice.

Defendant (Appellant) was charged with rape, a class A felony, Ind.Code § 85-42-4-1 (Burns 1979 Repl.), and criminal deviate conduct, a class A felony, Ind.Code § 35-42-4-2 (Burns 1979 Repl.). Following a jury trial he was convicted of the lesser-included offenses of rape and criminal deviate conduct as class B felonies. The trial court sentenced him to concurrent terms of twelve (12) years imprisonment. This direct appeal contends that the evidence was not sufficient to sustain the convictions.

We affirm the conviction for criminal deviate conduct but reverse the conviction…