Hays Post
A Hays man was sentenced to 20 years and one month in prison Friday after he pleaded guilty earlier this year to three sex crimes involving a minor.
Andrew Bayle Claude pleaded guilty Feb. 14 in Ellis County District Court to one count each of rape, aggravated indecent liberties with a child and aggravated sexual battery.
Earlier this month, Claude’s attorney, Cheryl Stewart, filed a motion to withdraw Claude’s plea after he contested the age of one of the victims.
Claude was originally charged with five felony counts stemming from sexual contact he allegedly had with four teenage girls ages 16 and younger between November 2017 and March 2018.
In the plea agreement reached in February, the state agreed to drop two charges and but three other felonies would stand.
He also agreed to an Alford plea on the rape charge altering the age of the victim from 13 to 14. A rape conviction of a person age 13 and under is considered an “off-grid” felony and carries a mandatory sentence of life in prison without the possibility of parole for 50 years. If the victim is 14, the mandatory sentence in 155 months.
In his motion to withdraw his plea, Claude argued that the victim was actually 14.
Stewart argued, on Claude’s behalf, that if the victim was 14 at the time of the crime, he could possibly be acquitted of the charges or receive a better plea deal.
Ellis County Attorney Tom Drees argued Claude agreed that one incident happened when the victim was 13, and Drees said there was no evidence that it would have happened after the victim turned 14. He said Claude also admitted having sexual contact with a second victim who was 13.
District Judge Blake Bittel denied the motion to dismiss the plea agreement, ruling that Claude’s attorney was competent, Claude fully understood the plea agreement, and he previously agreed to the plea.
After dismissing the motion, Bittel sentenced Claude to the agreed-upon term of 241 months in prison. He was sentenced to 155 months for a rape charge, 55 months for aggravated indecent liberties with a child and 31 months for aggravated sexual battery.
Claude will also be subject to lifetime post-release supervision, and he must register as a sex offender for the rest of his life.