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FOR PUBLICATION

ATTORNEY FOR APPELLANT: STEVEN E. RIPSTRA Jasper, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ARTHUR THADDEUS PERRY Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JOSHUA J. NOLAN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 63A05-0607-CR-365

APPEAL FROM THE PIKE CIRCUIT COURT The Honorable Jeffrey L. Biesterveld, Judge Cause No. 63C01-0507-FB-393

March 29, 2007

OPINION - FOR PUBLICATION

NAJAM, Judge

STATEMENT OF THE CASE Joshua J. Nolan appeals his convictions for Criminal Deviate Conduct, as a Class B felony, and Residential Entry, a Class D felony. Nolan raises three issues for our review, which we restate as: 1. Whether the State presented sufficient evidence for the jury to determine that the victim was unaware of his act. Whether Nolan made a mistake of fact that the victim consented to his act. Whether the victim's testimony was so inherently improbable as to require reversal on both convictions. Whether the jury rendered inconsistent verdicts by acquitting Nolan of Rape while convicting him of criminal deviate conduct. Whether the prosecuting attorney committed misconduct by calling Nolan's defense counsel as a witness.

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We affirm. FACTS AND PROCEDURAL HISTORY K.M. and her fianc

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Indiana Law