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615 N.E.2d 913

Vela v. State

Indiana Court of Appeals

Decided June 21, 1993

Indiana Court of Appeals · decided 1993-06-21

Relies on Lannan v. State · McChristion v. Indiana · Mason v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-06-21

How this case has been cited

Cited by 16 later decisions — most recently July 2020

1 federal appellate · 1 district · 12 state decisions

701993200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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GARRARD, Judge.

¶1A jury convicted Vela of child molesting, a Class D felony, on evidence that he fondled a thirteen year old resident of the home for wayward boys where Vela was a staff member. The evidence sustains the verdict.

¶2Vela presents two issues on appeal concerning the use of evidence at his trial *914of other uncharged similar offenses. The evidence was admitted under the depraved sexual instinct rule, which our supreme court abolished in Lannan v. State (1992) Ind., 600 N.E.2d 1334. Vela’s trial was conducted before Lannan was decided.

¶3Vela made no objection when the evidence was introduced at trial. Any potential error was therefore waived. Mason v. State (1989) Ind., 539 N.E.2d 468.

¶4Vela also contends that he was denied effective assistance of counsel because his counsel did not object to this evidence. This argument is also unavailing. Had counsel objected, the objection would have been properly overruled under the state of the law prevailing at trial. Counsel is not guilty of providing ineffective assistance merely for failing to anticipate that some change in the law might occur. See, e.g., McChristian v. State (1987) Ind., 511 N.E.2d 297, 302.

¶5There was no error.

¶6Affirmed.

HOFFMAN and STATON, JJ., concur.
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