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FOR PUBLICATION

FILED
Sep 20 2011, 8:38 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: DOUGLAS D. MARTZ Marion, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana J. T. WHITEHEAD Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
THOMAS TEMPLE, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 27A05-1101-CR-31

APPEAL FROM THE GRANT SUPERIOR COURT The Honorable Warren Haas, Judge Cause No. 27D03-1010-CM-741

September 20, 2011

OPINION - FOR PUBLICATION

BRADFORD, Judge

Appellant-Defendant Thomas Temple challenges his conviction for Class A misdemeanor Contributing to the Delinquency of a Minor,1 for which he received a sentence of one year in jail with eight months suspended to probation. Upon appeal, Temple challenges the sufficiency of the evidence to support his conviction and claims that there was a fatal variance between the charging information and the evidence at trial. We affirm. FACTS AND PROCEDURAL HISTORY In the late evening and early morning hours of November 10-11, 2009, A.H., who was fifteen years old at the time, exchanged several text messages with Temple, her twenty-six-year-old neighbor, in which they arranged a sexual rendezvous as soon as A.H. could sneak out of her house. According to A.H., Temple would have been aware of her age since earlier that summer. During their exchange, Temple asked A.H. if she wanted to go "parking;" suggested that they "hook up;" questioned how "experienced" A.H. was; suggested that A.H. walk down the alley to his house and call from his gate once she snuck out; and ultimately queried whether she was still "cumming."2 States Exhs. A-10, A-14, A-31, A-36. A.H. responded by updating Temple about her status, including that she had to wait for her sister to go to bed, that her father had just gone downstairs, and, ultimately, that her parents were awake and she would be unable to meet him. Apparently, in her
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Ind. Code

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