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GABY v. STATE

No. 79A02-1006-CR-804.

949 N.E.2d 870 (2011)

Michael Joseph GABY, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 7, 2011.

Attorney(s) appearing for the Case

Mark S. Fryman, Jr., Starr Austen & Miller, LLP, Logansport, IN, Attorney for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Joby D. Jerrells, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

MATHIAS, Judge.

Michael Joseph Gaby ("Gaby") was convicted in Tippecanoe Superior Court of Class A felony child molesting. Gaby appeals and presents three issues for our review, which we renumber and restate as:

I. Whether the trial court erred in allowing the State to amend the charging information; II. Whether the trial court abused its discretion in permitting the State to refresh the recollection of the victim when the victim...

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