Hollingsworth v. State

717 N.E.2d 610, 1999 Ind. App. LEXIS 1796, 1999 WL 814346
CourtIndiana Court of Appeals
DecidedOctober 13, 1999
DocketNo. 90A02-9810-CR-849
StatusPublished
Cited by1 cases

This text of 717 N.E.2d 610 (Hollingsworth v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hollingsworth v. State, 717 N.E.2d 610, 1999 Ind. App. LEXIS 1796, 1999 WL 814346 (Ind. Ct. App. 1999).

Opinion

OPINION

RILEY, Judge

STATEMENT OF THE CASE

Appellant-Defendant Weslie A. Holl-ingsworth (Hollingsworth) appeals his conviction for operating a motor vehicle while driving privileges are suspended, a Class D felony. Ind.Code § 9-30-10-16.

We affirm.

ISSUE

Hollingsworth raises one issue for our review which we restate as whether the trial Court properly denied Hollingsworth’s motion to withdraw his guilty plea of operating a motor vehicle while privileges are suspended under Ind.Code § 9-30-10-16, when his license had been suspended as an habitual traffic offender under the repealed statute Ind.Code § 9-12-2-1 et seq.

FACTS AND PROCEDURAL HISTORY

On November 16, 1987, the Indiana Bureau of Motor Vehicles (BMV) determined that Hollingsworth had been operating a motor vehicle as an habitual traffic offender and suspended his driving privileges until November. 16, 1997. On or about November 25, 1993, Hollingsworth was involved in a traffic accident, and the State charged him with operating a motor vehicle after a finding of habitual traffic offender.

Pursuant to a plea agreement, Hollings-worth pled guilty to operating a motor vehicle while his license was suspended and admitted to driving the car involved in the accident. Hollingsworth also admitted that at the time of the accident, his driving privileges were suspended under Ind.Code § 9-12-2 because the BMV found him to be an habitual traffic offender. The trial court determined that Hollingsworth’s guilty plea was made knowingly, voluntarily, and intelligently.

Before sentencing, Hollingsworth moved to withdraw his guilty plea. Hollingsworth argued that he could not be convicted under the current statute because his privileges were forfeited under a section of the Indiana Code that had since been repealed. The trial court denied his motion and Hollingsworth now appeals.

[612]*612 DISCUSSION AND DECISION

Hollingsworth argues that the State could not convict him of operating a vehicle while privileges are suspended under Ind.Code § 9-30-10-16, because the statutory language did not provide for his conviction. Specifically, Hollingsworth contends that because his driving • privileges had not been suspended under either Ind.Code § 9-30-10 or Ind.Code § 9-12-3, the trial court created a manifest injustice by denying his motion to withdraw his guilty plea for operating a motor vehicle while his driving privileges were suspended. We disagree.

Like sentencing, whether or not to allow a defendant to withdraw a guilty plea is within the sound discretion of the trial court. Trueblood v. State, 587 N.E.2d 105 (Ind.1992). The trial court may refuse to allow a defendant to withdraw a guilty plea if the defendant fails to show it would result in manifest injustice. Flowers v. State, 528 N.E.2d 57 (Ind.1988); Ind.Code § 35-35-l-4(b). The ruling of the trial court is reviewable only for abuse of dis.cretion. Trueblood, 587 N.E.2d 105; Ind. Code § 35-35-1-4(b). Finally, there is a presumption in favor of the trial court’s ruling. Riley v. State, 258 Ind. 303, 280 N.E.2d 815, 817. (1972); Bewley v. State, 572 N.E.2d 541 (Ind.Ct.App.1991).

We conclude that in this case, the trial court exercised appropriate discretion in denying Hollingsworth’s request to withdraw his guilty plea. Hollingsworth argues that the statute under which his driving privileges were suspended was Ind. Code § 9-12-2. Ind.Code § 9-12-3-1 (now recodified as Ind.Code § 9-30-10-16), provided that a person who operated a motor vehicle while his driving privileges were suspended, under Ind.Code § 9-12-2 or in violation of restrictions imposed under Ind.Code § 9-12-2, committed a Class D felony. State v. McGill, 622 N.E.2d 239, 240 (Ind.Ct.App.1993).

In 1991, the legislature enacted P.L. 2-1991, which codified, revised, and rearranged laws concerning motor vehicles. It added the present I.C. 9-30 and repealed I.C. 9-12. In 1993, the legislature again revised Ind.Code § 9-30-10-16 which now provides, in relevant part:

Sec. 16. (a) A person who operates a motor vehicle:
(1) while the person’s driving privileges are suspended under this chapter or IND. CODE 9-12-3 (repealed July 1, 1991); or
(2) in violation of restrictions imposed under this chapter or IND. CODE 9-12-3 (repealed July 1,1991);
commits a Class D felony.

However, Hollingsworth’s driving privileges were not suspended under Ind.Code § 9-30-10 or Ind.Code § 9-12-3 as the statute expressly requires. Instead, his driving privileges were suspended under Ind.Code § 9-12-2. Thus, Hollingsworth claims that he did not violate Ind.Code § 9-30-10-16 because that section applies expressly and exclusively to individuals who drive after their driving privileges are suspended under Ind.Code § 9-30-10

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Related

Schenk v. State
895 N.E.2d 1271 (Indiana Court of Appeals, 2008)

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Bluebook (online)
717 N.E.2d 610, 1999 Ind. App. LEXIS 1796, 1999 WL 814346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollingsworth-v-state-indctapp-1999.