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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. If the end result is to simply record the spoke word, then perhaps some day digital recording may eventually be the status quo. However, it is a shallow view to believe the professional court reporter's function is to simply report the spoken word and nothing else. There are many aspects to being a professional court reporter, and many aspects involved in producing a professional and accurate transcript. A properly trained professional steno court reporter has achieved a skill set in a field where the average dropout rate in court reporting schools across the nation is 80% due to the difficulty of mastering the necessary skills. To name just a few "extras" that a court reporter with proper training brings into a courtroom or a deposition suite; an understanding of legal procedure, technology specific to the legal profession, and an understanding of what is being said by the attorneys and litigants (which makes a huge difference in the quality of the transcript). As to contracting, or anti-contracting the argument is simple. The court reporter as governed by our ethical standards is to be the independent, unbiased individual in a deposition or courtroom setting. When one has entered into a contract with any party, insurance carrier, etc., then that reporter is no longer unbiased. I have been a court reporter for over 30 years and I echo Mr. Richardson's remarks that I too am here to serve.

  3. A competitive bid process is ethical and appropriate especially when dealing with government agencies and large corporations, but an ethical line is crossed when court reporters in Pittsburgh start charging exorbitant fees on opposing counsel. This fee shifting isn't just financially biased, it undermines the entire justice system, giving advantages to those that can afford litigation the most. It makes no sense.

  4. "a ttention to detail is an asset for all lawyers." Well played, Indiana Lawyer. Well played.

  5. I have a appeals hearing for the renewal of my LPN licenses and I need an attorney, the ones I have spoke to so far want the money up front and I cant afford that. I was wondering if you could help me find one that takes payments or even a pro bono one. I live in Indiana just north of Indianapolis.

ADVERTISEMENT