Aaron Young v. State of Indiana, 973 N.E.2d 1225

Aaron Young, father of A.Y. (born Oct 22, 1997), faced abuse allegations based on incidents alleged in 2009–2010.
A.Y. disclosed molestation to friends, counselor, and Child Protective Services in 2010 after being prompted by peers.
Young was charged with two counts of Class A felony child molestation; a jury convicted him on Oct 7, 2011.
On Nov 9, 2011, the trial court sentenced Young to 30 years for each count, to be served concurrently, and ordered sex-offender registration.
A supplemental sentencing order (Nov 10, 2011) classified Young as a credit restricted felon, based on A.Y.’s age at the time of some acts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence for Class A felony child molestation	State argues A.Y.’s testimony shows penetration.	Young argues A.Y.’s testimony is incredible and penetration was not proven.	Sufficient evidence; no reasonable doubt; testimony supports penetration.
Credit restricted felon classification	State contends acts under Count II occurred before victim turned 12.	A.Y. turned 12 in Oct 2009; 2010 acts do not meet under-12 requirement.	Reversed; not proven under-12 acts; remand for recalculation of credit time.

Drane v. State, 867 N.E.2d 144 (Ind. 2007) (standard for sufficiency of evidence; appellate review limited to probative evidence and reasonable inferences)
White v. State, 706 N.E.2d 1078 (Ind. 1999) (incredible dubiosity rule; reversal only for inherently improbable testimony with no circumstantial evidence of guilt)
Murray v. State, 761 N.E.2d 406 (Ind. 2002) (pretrial statements vs trial testimony; not necessarily incredible dubiosity)
Barger v. State, 587 N.E.2d 1304 (Ind. 1992) (un corroborated victim testimony may sustain a child molesting conviction)
Dinger v. State, 540 N.E.2d 39 (Ind. 1989) (slight penetration suffices for conviction)
Smith v. State, 779 N.E.2d 111 (Ind. Ct. App. 2002) (penetration described by victim supports conviction when victim’s vocabulary is limited)