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Smith v. State

Court of Appeals of Indiana

June 22, 2015

Eric D. Smith, Appellant,
v.
State of Indiana, Appellee

Appeal from the Henry Circuit Court. The Honorable Bob A. Witham, Judge. Cause Nos. 33C03-1402-IF-373, 33C03-1402-IF-374.

Eric D. Smith, APPELLANT, Pro se, Pendleton, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Cynthia L. Ploughe, Deputy Attorney General, Indianapolis, Indiana.

Brown, Judge. Crone, J., and Pyle, J., concur.

OPINION

Page 219

Brown, Judge.

[¶1] Eric D. Smith, pro se, appeals the trial court's denial of his motion for relief from judgment and his petition for post-conviction relief. Smith raises two issues which we revise and restate as:

I. Whether the trial court abused its discretion in denying his motion for relief from judgment; and

Page 220

II. Whether the trial court abused its discretion in denying his petition for post-conviction relief.

We affirm.

Facts and Procedural History

[¶2] On May 27, 2000, Smith was ticketed for disobeying a traffic signal under cause number 33I01-0007-IF-06910. He failed to appear for the bench trial on September 14, 2000, and the court ordered him to pay eighty-one dollars.

[¶3] On July 15, 2000, Smith was ticketed for speeding in cause number 33I01-0008-IF-08089. The case reached disposition on November 4, 2000, and Smith failed to pay the resulting fine of eighty-one dollars.

[¶4] In February 2014, Smith filed a motion for relief from judgment pursuant to Ind. Trial Rule 60(B)(8) under both cause numbers. He alleged that he just learned of the cases by contacting the trial court about traffic violations, that he was innocent of the charges, that he had been serving in the United States Army in Korea and Fort McCoy, Wisconsin, that somebody had stolen his car and driver's license and must have impersonated him, and that he never received any notice. On March 5, 2014, the State filed its response ...


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