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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.

FILED
Feb 26 2010, 9:05 am
of the supreme court, court of appeals and tax court

CLERK

APPELLANT PRO SE: DARRYL D. HOPKINS New Castle, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ZACHARY J. STOCK Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
DARRYL D. HOPKINS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 54A01-0909-CR-448

APPEAL FROM THE MONTGOMERY CIRCUIT COURT The Honorable Thomas K. Milligan, Judge Cause No. 54C01-8902-CF-15

February 26, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Darryl D. Hopkins, serving a fifty-year sentence for Rape1 and Criminal Deviate Conduct2 committed in Montgomery County in 1989,3 when registration as a sex offender was not required, sought a declaratory judgment from the Montgomery Circuit Court to the effect that prospective application of the registration requirements of Indiana Code Section 11-8-8-7 would subject him to punishment on an ex post facto basis. Finding the matter not ripe for adjudication, the trial court entered an order denying Hopkins declaratory relief, and Hopkins appeals. We affirm. Discussion and Decision Indiana Code Section 11-8-8-7 provides that sex or violent offenders must register with local law enforcement authority. Indiana Code Section 11-8-8-5(a) defines a "sex or violent offender" to include a person convicted of Rape or Criminal Deviate Conduct. The registration statute contains no exclusion for those, like Hopkins, whose crimes occurred

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Ind. Code

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