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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT: THOMAS E.Q. WILLIAMS Greenfield, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
DARRELL STEPHENS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

Dec 14 2011, 9:45 am

CLERK

No. 30A04-1105-PC-232

APPEAL FROM THE HANCOCK CIRCUIT COURT The Honorable Richard Culver, Judge Cause No. 30C01-1102-PC-331

December 14, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Darrell Stephens appeals from the post-conviction court's order denying his petition for post-conviction relief. Stephens presents the following restated issue for our review: Did Stephens meet his burden of proving his entitlement to post-conviction relief by a preponderance of the evidence? We affirm. In December 1988, the State charged Stephens with Operating a Motor Vehicle After License Forfeited for Life,1 a class C felony, among other charges. On February 13, 1989, Stephens pleaded guilty to the offense and the trial court sentenced Stephens to five years executed with three years suspended to probation. In his plea agreement, Stephens acknowledged the following: 1) that he was represented by counsel; 2) that he understood the charges; 3) that he understood and was waiving his constitutional rights; and 4) that he was advised of the possible penalties. On February 24, 2011, Stephens filed a petition for post-conviction relief alleging that there was no record of a prior conviction to support the allegation in the underlying offense that his license had been suspended for life. He claimed there was no basis for his conviction for operating a motor vehicle after a lifetime forfeiture. The post-conviction court held a hearing on Stephens's petition during which no evidence or testimony was presented. Rather, the post-conviction court and counsel discussed Stephens's allegations in his petition and efforts by counsel to gather evidence to

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Ind. Code Ann.

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