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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: DEBORAH K. SMITH Thorntown, Indiana

FILED
Dec 19 2008, 9:41 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ZACHARY J. STOCK Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
DAVID R. RUCKLE, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 06A04-0806-CR-319

APPEAL FROM THE BOONE SUPERIOR COURT The Honorable Rebecca S. McClure, Judge Cause No. 06D02-0608-FC-725

December 19, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE David R. Ruckle appeals his conviction for operating a motor vehicle while privileges are forfeited for life, a class C felony.1 We affirm. ISSUES 1. Whether the trial court abused its discretion in admitting evidence. 2. Whether the evidence was sufficient to support the conviction. 3. Whether Ruckle received ineffective assistance of counsel. FACTS At approximately 12:15 p.m. on July 22, 2006, Thorntown Police Officer Duane Lewellen observed a blue van being driven eastbound on 300 North U.S. 52. Officer Lewellen knew that the van belonged to Ruckle and recognized the driver to be Ruckle, someone he knew "on a personal" and "first name basis[.]" (Tr. 30, 32). He therefore was aware that Ruckle "was a Habitual Traffic Violator, that his driver's license w[as] suspended for life." (Tr. 30). He also confirmed through a computer check that the van was registered to Ruckle. Officer Lewellen followed Ruckle until he turned into a driveway. Officer

Lewellen drove "approximately an eighth of a mile" before turning around and initiating a traffic stop. (Tr. 31). Ruckle then exited the van and told Officer Lewellen that he knew his driver's license was suspended and that he should not be driving, but he had "to
1

Ind. Code

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