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FOR PUBLICATION
ATTORNEY FOR APPELLANT: STEVEN C. LITZ Monrovia, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana Indianapolis, Indiana ZACHARY J. STOCK Deputy Attorney General Indianapolis, Indiana

FILED
Dec 29 2009, 9:06 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA

CLERK

STEVEN HERRON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff.

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No. 55A05-0906-CV-341

APPEAL FROM THE MORGAN SUPERIOR COURT The Honorable G. Thomas Gray, Judge Cause No. 55D01-0812-MI-740

DECEMBER 29, 2009 OPINION - FOR PUBLICATION SHARPNACK, Senior Judge

STATEMENT OF THE CASE Defendant-Appellant Steven Herron appeals the trial court's order affirming his lifetime obligation to register in Indiana as a sex offender because of his 1984 Arizona conviction for sexual conduct with a minor. We affirm. ISSUE Herron raises one issue for our review, which we restate as: Whether the trial court erred in interpreting the content and constitutional limitations of Indiana's Sex Offender Registry Act. FACTS AND PROCEDURAL HISTORY In 1980, Herron performed fellatio on a seventeen-year old. In 1983, Herron attempted to fondle another young man. Both acts occurred in Arizona. The State of Arizona charged Herron with various offenses, and Herron pled guilty to one count of attempted sexual abuse and one count of sexual conduct with a minor under eighteen. In 1984, the Arizona trial court accepted the pleas, entered

judgment, and sentenced Herron to consecutive twenty-month terms of incarceration. After being released from prison, Herron registered as a sex offender with the Arizona Department of Public Safety ("ADPS") under a statute that had been promulgated in 1983. See Ariz. Rev. Stat.

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Indiana Law