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Bridges v. State

Court of Appeals of Indiana

August 22, 2018

Dickie D. Bridges, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

          Appeal from the Allen Superior Court The Honorable Frances C. Gull, Judge Trial Court Cause No. 02D05-1708-F5-214

          ATTORNEY FOR APPELLANT Michelle F. Kraus Fort Wayne, Indiana

          ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana J.T. Whitehead Deputy Attorney General Indianapolis, Indiana

          BAKER, JUDGE.

         [¶1] Dickie Bridges is charged with Level 5 Felony Failure to Register as a Sex Offender.[1] Bridges moved to dismiss that charge and to remove him from the sex offender registry. He brings this interlocutory appeal from the trial court's denial of his motion, arguing that the tolling of his registration period violated the ex post facto clause of the Indiana Constitution. Finding no error, we affirm.

         Facts

         [¶2] On October 7, 2002, Bridges was convicted of two counts of Class C felony child molesting. As a result, Bridges was required to register with the sex offender registry for ten years pursuant to Indiana's Sex Offender Registration Act.[2] On May 16, 2006, Bridges was released from prison, and his ten-year registration requirement began. On that day, his registration requirement was scheduled to end on May 16, 2016.[3]

         [¶3] The General Assembly amended Indiana Code section 11-8-8-19, effective July 1, 2008, to toll the registration requirements for offenders who commit additional offenses that result in incarceration. Specifically, the amendments required that, if the offender is convicted of a subsequent offense, the registration period must be tolled during any period that the offender is incarcerated for that subsequent offense. The amendments did not mandate that the ten-year period restart if the offender is convicted and incarcerated for a subsequent offense.

         [¶4] After 2008, Bridges was convicted of the following offenses:

• On April 28, 2010, Bridges was charged with felony[4] operating while intoxicated, an offense alleged to have occurred in March 2010. On August 2, 2010, Bridges was convicted of this offense and received a suspended sentence that was later revoked.
• On March 7, 2011, Bridges was convicted of Class D felony failure to register as a sex offender and sentenced to two executed years.
• On August 2, 2013, Bridges was convicted of Class C felony failure to register as a sex offender and sentenced to four executed years.

         [¶5] When Bridges was released from prison on January 29, 2017, the State advised him that he was required to register as a sex offender. The State applied the 2008 amendments' tolling provision to Bridges's 2010, 2011, and 2013 convictions, and as a result, the State required Bridges to register as a sex offender until January 4, 2020. Bridges did not register during the period of June 29 to July 17, 2017.

         [¶6] On August 3, 2017, the State charged Bridges with Level 5 felony failure to register as a sex offender. On October 23, 2017, Bridges filed a motion to dismiss and to remove himself from the sex offender registry, challenging the State's application of the 2008 amendments to the tolling of his registration requirement. On October 27, 2017, an evidentiary hearing took place, and on ...


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