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FOR PUBLICATION

Apr 29 2010, 9:21 am

FILED
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: TIMOTHY J. O'CONNOR O'Connor & Auersch Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana WADE JAMES HORNBACHER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
MICHAEL E. JOHNSON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A02-0909-CR-908

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Sheila A. Carlisle, Judge Stanley E. Kroh, Master Commissioner Cause No. 49G03-0903-FC-35401

April 29, 2010

OPINION - FOR PUBLICATION

NAJAM, Judge

STATEMENT OF THE CASE Michael E. Johnson appeals his conviction for Failure to Register as a Sex Offender, as a Class C felony, following a bench trial. Johnson presents a single

dispositive issue for our review, namely, whether the State presented sufficient evidence to support his conviction. We reverse and remand with instructions. FACTS AND PROCEDURAL HISTORY In 1994, Johnson was convicted of rape, as a Class B felony. Upon his release from prison, Johnson was required to register as a sex offender. And, because he was classified as a sexually violent predator, Johnson was required to register with law enforcement and have his photograph taken every ninety days. See Ind. Code

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Indiana Law