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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Feb 20 2008, 9:44 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: JOHN F. CRAWFORD Crawford & DeVane Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ARTURO RODRIGUEZ II Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
CHARLES A. HARRIS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A04-0708-CR-478

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Mark D. Stoner, Judge Cause No. 49G06-0603-FB-41137

February 20, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Charles A. Harris appeals his conviction of attempted criminal deviate conduct, a Class B felony. 1 We affirm. FACTS AND PROCEDURAL HISTORY Harris is a deaf man from Chicago. The weekend of March 4, 2006, he was in Indianapolis for a basketball tournament for deaf people. After the tournament, he went to a club for deaf people. R.J., whom he had known for several years, was also there. After the club closed, Harris asked R.J. to give him a ride to his hotel, and she agreed. Harris was drunk and had difficulty giving R.J. directions to the hotel. He asked her to pull over several times so he could send text messages asking for directions. The third time they pulled over, Harris forced himself on R.J. Harris was charged with rape, a Class B felony, 2 and criminal deviate conduct, a Class B felony. The criminal deviate conduct charge alleged Harris committed the offense by placing his mouth on R.J.'s vagina. On the day of the trial, the State moved to amend the criminal deviate conduct charge to attempted criminal deviate conduct. The amended charge alleged Harris took a substantial step toward the commission of criminal deviate conduct "by leaning down toward [R.J.'s] vagina with his mouth." (Appellant's App. at 71.) The trial court permitted the amendment. R.J. described the encounter as follows:

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Ind. Code

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