Andre Gonzalez v. State of Indiana
966 N.E.2d 648
Ind. Ct. App.2012Background
- Gonzalez pleaded guilty in 1997 to Class D felony child solicitation for touching a nine-year-old girl and was sentenced to three years (18 months imprisoned, 18 months on probation).
- He began registering as a sex offender in 1999 for ten years under SORA, discharged from probation in 1999.
- Effective July 1, 2006, SORA was amended to require lifetime registration for certain offenders, including those who offended against a victim under 12 and were at least 18 at the time.
- After ten years of registration, Gonzalez sought removal in 2010; in 2011 he filed a verified petition to remove sex offender designation, which the trial court denied on July 22.
- The court applied the Jensen seven-factor test to assess ex post facto effects and held the lifetime registration pursuant to 11-8-8-19(c) unconstitutional as applied to Gonzalez, remanding for removal of the lifetime requirement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does lifetime registration under 11-8-8-19(c) violate the Ex Post Facto Clause as applied to Gonzalez? | Gonzalez: ex post facto violation. | State: amendments not ex post facto under Jensen framework. | Yes; unconstitutional as applied; remanded for removal. |
Key Cases Cited
- Jensen v. State, 905 N.E.2d 384 (Ind. 2009) (seven-factor intent-effects test for ex post facto analysis)
- Flanders v. State, 955 N.E.2d 749 (Ind. Ct. App. 2011) (seventh factor can determine ex post facto outcome; inability to petition changes result)
- Wallace v. State, 905 N.E.2d 379 (Ind. Ct. App. 2009) (textual source for Jensen’s seven-factor framework)
- Kennedy v. Mendoza-Martinez, 372 U.S. 144 (Supreme Court 1963) (ex post facto structural authority guiding factor analysis)