A woman who received a maximum sentence and classification as a credit-restricted felon for molesting her son was granted her request to have that classification removed from her sentence Thursday.
Rita White appealed her 50-year sentence for her conviction of Class A felony child molesting. The Indiana Court of Appeals held that White’s maximum sentence was not inappropriate, but both White and the State of Indiana conceded that the trial court erred when it applied a credit-restricted felon classification to her sentence.
On petition to transfer, White argued the Indiana Court of Appeals failed to address the issue altogether, noting that White’s offenses occurred in 1999 — well before the 2008 enactment of the credit-restricted felon statute — and that the application of the statute violates the constitutional prohibition of ex post facto laws.
In a Thursday order, the Indiana Supreme Court granted transfer and remanded White’s case for the sole purpose of issuing a corrected sentencing order and abstract of judgment finding she did not classify as a credit-restricted felon.
Justices otherwise affirmed the appellate court’s decision in Rita White v. State of Indiana,19S-CR-256.