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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: JOHN T. WILSON Anderson, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

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

No. 33A04-0606-CR-309

APPEAL FROM THE HENRY SUPERIOR COURT The Honorable Bob A. Witham, Judge Cause No. 33D02-0503-FD-68

December 11, 2006

MEMORANDUM DECISION - NOT FOR PUBLICATION

FRIEDLANDER, Judge

Gary Turley appeals the conviction and sentence imposed upon his plea of guilty to Operating a Vehicle While Intoxicated, 1 a class D felony, and the finding that he is a habitual substance offender. 2 Turley presents the following restated issues for review: 1. Did trial counsel render ineffective assistance in recommending that Turley plead guilty, thus rendering the guilty plea invalid? Did the trial court sentence Turley pursuant to the terms of the plea agreement? Did the trial court properly impose an enhanced sentence?

2.

3.

We affirm. The facts favorable to the conviction and sentence are that on March 21, 2005, the State charged Turley with operating a vehicle while intoxicated, public intoxication, and being a habitual violator of traffic laws. The State also alleged that Turley was a habitual substance offender. On September 19, 2005, Turley signed a plea agreement containing the following terms: The State recommends the Defendant be sentenced to two (2) years to the Indiana Department of Correction on the Operating a Vehicle While Intoxicated to [sic] a Class D Felony and an additional 3 years to the Indiana Department of Correction for the Habitual Substance Offender Enhancement. This sentence imposed in Cause No. 33D02-0503-FD-0068 are [sic] to run concurrent to each other but consecutive to any sentence imposed in Grant County. The Court will be free to assess any sentence within the range of possibilities greater than the recommended sentence. The parties agree that the additional sentence over the recommended sentence will be suspended.

1

Ind. Code Ann.

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