4-16-2010 Indiana:Blakemore v State
925 NE 2d 759 - Ind
The trial court found Oscar Blakemore guilty of failure to register as a sex offender, a Class D felony,[1] even though there was no such registration requirement when he committed the underlying offense or when he was convicted of it. That retroactive application of the sex offender registry requirement violated the Indiana constitutional prohibition of ex post facto laws, and we accordingly must reverse.
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For all these reasons, we reject the State's assertion that a defendant's agreement to "comply with the statutory requirements in registering" as a sex offender, (Ex. 1 at 7), subjects him to subsequent punishment under laws not in existence when he entered into the agreement. We accordingly reverse Blakemore's conviction of failure to register as a sex offender.
Reversed.
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