ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.


 

 

ADVERTISEMENT

  • 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!

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

ADVERTISEMENT