Man loses appeal over predator designation

September 22, 2015

A trial court properly denied a man’s motion for a declaratory judgment seeking to overturn a Department of Correction designation that he is a sexually violent predator and offender against children.

Kile Richard Stockert pleaded guilty to a count of Class B felony criminal deviate conduct, and the state dropped six counts including rape, criminal deviate conduct, criminal confinement and strangulation. Stockert was sentenced to three years executed at the DOC.

Stockert was informed at sentencing that he would be required to report to the Sex Offender Registry for 10 years, but the DOC later informed him he would be placed on the registry for life, prompting the instant appeal.

“By virtue of his 2014 conviction for criminal deviate conduct as a class B felony, Stockert is an SVP by operation of law under Ind. Code 35-38-1-7.5(b) and is required to register for life,” Judge Elaine Brown wrote for the panel. “The length of Stockert’s required reporting period is determined by the applicable statutes and not by the trial court or the DOC.

“Based on the record and Ind. Code § 35-38-1-7.5(b) and § 11-8-8-19(b), we conclude that the trial court did not err in denying Stockert’s petition for declaratory judgment,” the panel ruled in Kile Richard Stockert v. State of Indiana, 76A04-1504-CR-144.



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