¶1dissenting.
¶2I respectfully dissent. The evidence shows that the Class B felony was committed before the victim was twelve years of age.
¶3The majority claims the evidence is insufficient to support the verdict as to Count I in that there was insufficient evidence to establish that the crime was committed within a period not barred by the statute of limitations, which for the crime charged in this case is five years. Ind.Code § 35-41-4-2. The victim was born on August 14, 1969; thus she was eleven years old in the spring of 1981.
¶4The information charging that she had been molested when she was under twelve alleges that the molestation took place in the spring of 1981 and consisted of several incidents during that period. The information was filed on March 19, 1986. We should take judicial notice that spring began on March 20 in 1981. There is ample evidence in this case from which the jury could determine that the molestations of the victim when she was under twelve years of age occurred within the five-year statute of limitations applicable to the information which had been filed on March 19, 1986.
¶5To join the majority, one must assume appellant suspended his molestation of the victim from early March of 1981 until after August 14, 1981. Such an assumption is totally unrealistic in view of the testimony of the victim who stated the appellant molested her at least once a month from 1979 until she was thirteen and a half years old which would have been early in 1982.
¶6I would affirm the trial court.