Nichols v. State
2011 Ind. App. LEXIS 728
| Ind. Ct. App. | 2011Background
- Nichols pled guilty to multiple child molesting offenses as an adult, with an agreement stating ten-year or life sex-offender-registrant options and initialing each provision.
- The sentencing order and subsequent discussions ordered Nichols to register for ten years, based on the parties’ and court’s understanding of Warren v. State.
- The Department of Correction later informed the trial court that Nichols’ offenses were unrelated and that he must register for life, placing him on the Sex Offender Registry accordingly.
- Nichols moved to Correct the Registry to reflect a ten-year term; the DOC and the court treated the ten-year term as an error in light of the DOC’s determination.
- Nichols then filed a Motion to Correct Error; the trial court denied it, and Nichols appealed.
- The court ultimately held that the ten-year vs. life determination is controlled by statute, not by the trial court or DOC, and affirmed the denial of Nichols’s motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are Nichols's offenses unrelated under SORA? | Nichols: offenses should be unrelated per SORA, so ten years applies. | DOC: offenses unrelated under the statute justify life registration. | No error; offenses properly deemed unrelated under SORA. |
| Did the DOC overrule the trial court on registration length? | DOC imposed lifetime registration contrary to sentencing order. | DOC’s determination was for administrative purposes; not overruling the court. | DOC determination did not overrule the trial court; length dictated by statute remains fixed. |
Key Cases Cited
- Warren v. State, 769 N.E.2d 170 (Ind.2002) (habituation statute interpretation cited for unrelatedness concept)
- In re G.B., 709 N.E.2d 352 (Ind.Ct.App.1999) (plea agreements have no effect on SORA operation)
- Wallace v. State, 878 N.E.2d 1269 (Ind.Ct.App.2008) (plea agreements cannot alter SORA requirements)
- Shepherd v. State, 924 N.E.2d 1274 (Ind.Ct.App.2010) (statutory interpretation approach for SORA)
- Westbrook v. State, 770 N.E.2d 868 (Ind.Ct.App.2002) (plain meaning of statutory terms governs)