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.
MEMORANDUM DECISION - NOT FOR PUBLICATION
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 ...