Court of Appeals rejects typo argument in reversing a sentence for child molestation

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In a split ruling, the Indiana Court of Appeals upheld a South Bend man’s conviction of child molestation but rejected the state’s claim that wording on a supplemental sentencing order was a scrivener’s error.

Aaron Young was found guilty in October 2011 on two counts of Class A felony child molestation for abusing his daughter. The trial court then issued a supplemental sentencing order that classified Young as a credit restricted felon because the victim was under 12 years of age.  

Young appealed his conviction on the grounds that the state did not present sufficient evidence to prove he committed Class A felony child molestation and that the trial court erred when it found him to be a credit restricted felon.

In Aaron Young v. State of Indiana, No. 71A05-1111-CR-650, the COA affirmed the conviction, finding the victim’s testimony was not “incredibly dubious” and that the state did present evidence of sexual activity.

However, the court reversed the trial court’s determination that Young is a credit restricted felon and remanded for recalculation of his credit time.

The trial court referenced Count II in its supplemental sentencing order when it found the victim was under the age of 12 at the time the charged molestation occurred but, Young argued, Count II did not happen prior to his daughter’s 12th birthday. The state countered that the reference to Count II instead of Count I “was likely a scrivener’s error and otherwise harmless.”

Declining to categorize the reference to Count II as a “minor mistake,” the COA held the trial court erred when it decided Young was a credit restricted felon because the state did not present evidence that he committed any actions in Count II while the victim was younger than 12.




  • Duh?
    This doesn't even make sense, we don't have any evidence but we are going to convict anyway! Par for the course in our whacked judicial system!

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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...