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STATE v. ONEY

No. 49S05-1212-CR-668.

993 N.E.2d 157 (2013)

STATE of Indiana, Appellant (Respondent below), v. Russell ONEY, Appellee (Petitioner below).

Supreme Court of Indiana.

August 28, 2013.

Attorney(s) appearing for the Case

Gregory F. Zoeller , Attorney General of Indiana, Cynthia L. Ploughe , Deputy Attorney General, Justin F. Roebel , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

David M. Seiter , Garrison Law Firm, LLC, Indianapolis, IN, Attorney for Appellee.

On Petition To Transfer from the Indiana Court of Appeals, No. 49A05-1204-CR-196.

RUCKER, Justice.

Although a defendant who pleads guilty to driving while suspended as a habitual traffic violator may not later challenge the plea contending that an underlying offense has been set aside on grounds of procedural error, a defendant may be entitled to relief where an underlying offense has been set aside on grounds of material error.

Facts and Procedural...

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