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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe Indiana Court of Appeals reversed one of a man’s two convictions for child molesting when it found that because both occurred during a single “transaction,” it should be vacated under the continuous-crime doctrine.
Oscar Flores was convicted of two counts of Level 4 felony child molesting after he was found to have fondled and touched his 12-year-old niece during an incident in which he touched her buttocks and vagina. One conviction was for “fondling” with the intent to arouse or satisfy sexual desires and the other for “touching” with the intent to arouse or satisfy sexual desires.
On appeal, Flores argued that Chavez v. State, 988 N.E.2d 1226 (Ind. Ct. App. 2013), trans denied was controlling and supported his argument that his conviction violated the continuous-crime doctrine, and the appellate court agreed.
“The reasoning and logic of Chavez apply here. That is, the evidence shows that Flores put his penis between C.G.’s butt cheeks while he touched her vagina over her underwear,” Chief Judge Nancy Vaidik wrote for the panel. “…Just as in Chavez, these acts were closely connected in time, place, and continuity of action and therefore constitute a single transaction.”
“…Despite Flores’s heavy reliance on Chavez, the State makes no effort at all to distinguish the two cases,” Vaidik concluded. “Because Flores’s conduct amounts only to a single chargeable crime, we reverse and remand with instructions for the trial court to vacate one of his convictions.”
The case is Oscar Flores v. State of Indiana,18A-CR-1632.
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