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Light v. State

Court of Appeals of Indiana

April 7, 2015

John W. Light, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Appeal from the Tippecanoe Superior Court. The Honorable Randy J. Williams, Judge. Cause No. 79D01-1403-FC-12.

ATTORNEY FOR APPELLANT: Romy N. Elswerky, Gibson Law Office, Lafayette, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Christina D. Pace, Deputy Attorney General, Indianapolis, Indiana.

Riley, Judge. Baker, J. concurs. Vaidik, C. J. concurs in result.

OPINION

Page 1107

Riley, Judge.

STATEMENT OF THE CASE

[¶ 1] Appellant-Defendant, John W. Light (Light), appeals his sentence following an open plea, in which he pled guilty to Count I, operating a motor vehicle while privileges are forfeited for life, a Class C felony, Ind. Code § 9-30-10-17 (2013); Count II, operating a vehicle while intoxicated, a Class A misdemeanor, I.C. § 9-30-5-2; and his adjudication as a habitual substance offender, I.C. § 35-50-2-10(b)[1].

[¶ 2] We affirm.

ISSUE

[¶ 3] Light raises one issue on appeal, which we restate as follows: Whether the trial court erred when it ordered Light's conviction for operating a motor vehicle while privileges are forfeited for life to be served consecutively to his habitual substance offender sentence enhancement, attached to his Class A misdemeanor conviction.

FACTS AND PROCEDURAL HISTORY

[¶ 4] On October 18, 2013, the State filed an Information charging Light with Count I, operating a motor vehicle while privileges are forfeited for life, a Class C felony, I.C. § 9-30-10-17 (2013); and Count II, operating a vehicle while intoxicated, a Class A misdemeanor, I.C. § 9-30-5-2. On December 17, 2013, the State filed an amendment to the Information, adding a habitual substance offender charge. On July 14, 2014, Light pled guilty to all charges in an open plea. On August 14, 2014, the trial court imposed an executed six years sentence for Class C felony operating while forfeited for life, and an executed one-year sentence on the Class A misdemeanor operating a vehicle while intoxicated. The trial court enhanced the Class A misdemeanor by six-years for the habitual ...


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