958 N.E.2d 4
Ind. Ct. App.2011Background
- Rogers pled guilty to three Class D felonies in Indiana: failure to register as a sex offender (Cause 4071), theft (Cause 1624), and receiving stolen property (Cause 2060).
- He previously committed second degree sexual assault in Wisconsin in 1991 and initially registered as a sex offender there before moving to Indiana between 1993–1996.
- In Indiana, Rogers registered as a sex offender and his last registration was November 4, 2009 listing Terre Haute address.
- The Walmart theft occurred May 29, 2009; the related theft charge was filed June 2, 2009.
- Rogers was arrested again November 16, 2009; he was informed to update registration within seven days of release, which occurred December 2, 2009; he did not properly update by late December 2009.
- On October 6, 2010, Rogers entered a plea agreement to three counts and two probation violations; sentencing occurred January 27, 2011, with three concurrent three-year sentences and related probation resolutions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ex post facto challenge to conviction | Rogers argues applying registration laws to his 1991 conduct violates Indiana Constitution. | State contends plea waiver bars direct appeal on this claim. | Waived; plea agreement and subsequent benefits prevented direct appeal on ex post facto claim. |
| Sentence appropriateness under 7(B) review | Rogers asserts mitigating factors were ignored (guilty plea, remorse, non-violent nature). | State argues advisory scheme allows sentence up to statutory maximum regardless of mitigators. | No abuse of discretion; no required consideration of those mitigating factors given the record and advisory scheme. |
Key Cases Cited
- Wallace v. State, 905 N.E.2d 371 (Ind.2009) (ex post facto standard in Indiana Constitution ruling)
- Alvey v. State, 911 N.E.2d 1248 (Ind.2009) (plea-bargain consequences on direct appeal)
- Norris v. State, 896 N.E.2d 1149 (Ind.2008) (plea effects on direct appeal)
- Creech v. State, 887 N.E.2d 73 (Ind.2008) (waiver of rights by pleading guilty)
- Games v. State, 743 N.E.2d 1132 (Ind.2001) (double jeopardy-like consideration when plea provides benefit)
- Anglemyer v. State, 868 N.E.2d 482 (Ind.2007) (sentencing factors under advisory scheme; standards for mitigating factors)
- Cardwell v. State, 895 N.E.2d 1219 (Ind.2008) (guidance on appellate review of sentences)
- Childress v. State, 848 N.E.2d 1073 (Ind.2006) (standard for determining inappropriate sentence under Appellate Rule 7(B))
- Stewart v. State, 866 N.E.2d 858 (Ind.Ct.App.2007) (deference to trial court sentencing decisions)