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Cloud v. State

Court of Appeals of Indiana

February 20, 2014

FABRIANNE CLOUD, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable John Chavis, Judge. Cause No. 49F15-1211-FD-78136.

ATTORNEY FOR APPELLANT: VALERIE K. BOOTS, Marion County Public Defender Agency, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, MONIKA PREKOPA TALBOT, Deputy Attorney General, Indianapolis, Indiana.

BRADFORD, Judge. MATHIAS, J., and PYLE, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge.

CASE SUMMARY

When Appellant-Defendant Fabrianne Cloud was pulled over because of concern that she had been involved in a traffic accident, it was discovered that her driver's license had been suspended by virtue of her status as a habitual traffic violator ("HTV"). Cloud appeals from her conviction for Class D felony operation a vehicle while suspended as an HTV, contending that the State produced insufficient evidence that she was aware of her suspension. We affirm the judgment of the trial court.

FACTS AND PROCEDURAL HISTORY

On January 5, 2010, Cloud reported her address to the Bureau of Motor Vehicles ("BMV") as 610 Hanley Street in Plainfield. On April 9, 2010, Cloud began serving a sentence in Liberty Hall Jail. On September 17, 2010, the BMV sent a notice to Cloud's Plainfield address informing her that her license would be suspended for ten years beginning on October 22, 2010, due to her three prior convictions for operating while intoxicated. On October 15, 2010, Cloud was released from Liberty Hall.

On November 15, 2012, Cloud was stopped in Marion County for suspicion of being involved in an accident and leaving the scene. The officer who stopped Cloud found that the BMV had suspended her license. Also on November 15, 2012, the State charged Cloud with Class D felony operating a vehicle while suspended as an HTV. On July 16, 2013, the trial court found Cloud guilty as charged. On August 6, 2013, the trial court sentenced Cloud to 1095 ...


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