961 N.E.2d 54
Ind. Ct. App.2012Background
- White, age 43, sexually molested his stepdaughter (11–12) between July and December 2009.
- He faced two counts of class A felony and one count of class C felony child molesting, plus a habitual offender allegation.
- White pleaded guilty to one count of class B felony child molesting on June 9, 2011; other counts were dismissed.
- On July 27, 2011, the trial court sentenced White to 20 years and classified him as a credit restricted felon and a sexually violent predator.
- The credit restricted felon status would reduce accrual of prison credit time under Indiana statutes.
- White argued that credit restricted felon status does not apply to a class B felony child molesting conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the credit restricted felon statute applies to class B child molesting | White argues statute excludes class B cases | State argues statute covers both A and B when conditions are met | Credit restricted felon status applies |
Key Cases Cited
- Hampton v. State, 921 N.E.2d 27 (Ind.Ct.App.2010) (statutory interpretation with plain meaning and legislative intent)
- Buchanan v. State, 956 N.E.2d 124 (Ind.Ct.App.2011) (helps interpret credit restricted felon statute and its application)
- Abney v. State, 811 N.E.2d 415 (Ind.Ct.App.2004) (statutory interpretation principles adopted)
- Merritt v. State, 829 N.E.2d 472 (Ind.Ct.App.2005) (interpretation and application of criminal statutes)