Downey v. State

OPINION

MATTINGLY, Judge

Johnny L. Downey appeals his conviction after a trial by jury of child molesting, *796a Class A felony.1 He presents for our review whether the evidence at trial was sufficient to support the jury’s verdict. Additionally, the State asks we order a modification of the judgment to that of a lesser included offense should we find the evidence insufficient to sustain Downey’s original conviction.

We reverse and vacate the conviction.

Facts And Procedural HistoRY

On the evening of April 5, 1998, twenty-five-year-old Downey was home babysitting his wife’s three children. After…