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Judges affirm credit restricted felon status

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The Indiana Court of Appeals rejected a defendant’s claim that because he pleaded guilty to Class B felony child molesting instead of a Class A felony, the Credit Restricted Felon Statute shouldn’t apply.

In Anthony T. White v. State of Indiana, No. 18A05-1108-CR-439, Anthony White faced two counts of Class A felony child molesting and one count as a Class C felony for having sexual intercourse with his stepdaughter, who was age 11 and 12 during the molestations. He pleaded guilty to one count of Class B felony child molesting, was sentenced to 27 years in prison, and found him to be a credit restricted felon.

White argued that his age, which elevated the charge to the Class A felony, was an element specifically bargained out of the offense to which he pleaded guilty. The statute doesn’t require that the defendant’s age be alleged and established as an element of the crime for which the defendant was convicted. Rather, this provision of the credit restricted felon statute refers to conviction for the offense of child molesting involving sexual intercourse or deviate sexual conduct under Indiana Code 35-42-4-3(a), which addresses both Class A and B felonies.

“In the instant case, White was convicted of child molesting involving sexual intercourse under I.C. § 35-42-3-2(a). Moreover, the record clearly establishes that he was over the age of 21 when he committed the crime and his victim was under the age of 12. The credit restricted felon statute, therefore, plainly applies in this case, and it is of no moment that White pleaded guilty to class B felony child molesting, as opposed to class A felony child molesting,” wrote Judge Ezra Friedlander.

 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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