William T. Casbon v. State of Indiana (NFP)
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FILED Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. Jun 18 2010, 10:46 am CLERK of the supreme court, court of appeals and tax court APPELLANT PRO SE: ATTORNEYS FOR APPELLEE: WILLIAM T. CASBON New Castle, Indiana GREGORY F. ZOELLER Attorney General of Indiana GEORGE P. SHERMAN Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA WILLIAM T. CASBON, Appellant/Petitioner, vs. STATE OF INDIANA, Appellee/Respondent. ) ) ) ) ) ) ) ) ) No. 49A05-0910-CR-588 APPEAL FROM THE MARION SUPERIOR COURT The Honorable Robert R. Altice, Jr., Judge The Honorable Amy J. Barbar, Magistrate Cause No. 49G02-9601-CF-2020 June 18, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION BRADFORD, Judge Appellant/Petitioner William Casbon appeals from the post-conviction court s dismissal of his motion to vacate sexually violent predator status. We affirm. FACTS AND PROCEDURAL HISTORY On November 26, 1996, Casbon was found guilty of Class A felony conspiracy to commit kidnapping, Class B felony attempted child molesting, two counts of Class B felony child molesting, Class C felony child molesting, and Class D felony battery and was found to be a habitual offender. On December 27, 1996, the trial court sentenced Casbon to an aggregate sentence of forty years of incarceration. On remand following Casbon s direct appeal, the trial court sentenced him to thirty years of incarceration. On July 15, 2009, Casbon filed a Motion to Vacate Sexually Violent Predator Status, Vacate Non-Applicable Sex Offender Stipulations, and to Clarify Parole and Registration. On August 17, 2009, the trial court denied Casbon s motion. DISCUSSION AND DECISION Indiana Code section 11-8-8-7 (2009) provides that sex or violent offenders must register with local law enforcement upon release from incarceration. Although the Indiana Supreme Court has ruled that the Indiana Sex Offender Registration Act violates the ex post facto clause of the Indiana Constitution under some circumstances, Wallace v. State, 905 N.E.2d 371, 384 (Ind. 2009), Casbon s claim is not yet ripe for review. Even according to Casbon, the earliest he may be released from incarceration is December 15, 2010, which is still over six months away. As yet, there is no evidence that Casbon has been ordered to register as a violent offender or that he has been notified that he will be required to do so. At this point, it is a matter of speculation as to which registration 2 requirements, if any, will be imposed on Casbon upon his release from prison. Consequently, Casbon raises no issue ripe for appellate review. See, e.g., Gardner v. State, 923 N.E.2d 959, 960 (Ind. Ct. App. 2009), trans. denied. The judgment of the post-conviction court is affirmed. RILEY, J., and MATHIAS, J., concur. 3
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