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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.

FILED
May 08 2008, 11:18 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLANT: SUSAN K. CARPENTER Public Defender of Indiana J. MICHAEL SAUER Deputy Public Defender Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana THOMAS D. PERKINS Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
HENRY LUKE KELLEMS, JR., Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 62A05-0709-CR-513

APPEAL FROM THE PERRY CIRCUIT COURT The Honorable Jonathan J. Parkhurst, Judge Cause No. 62C01-0203-FD-236

May 8, 2008

MEMORANDUM DECISION - NOT FOR PUBLICATION

FRIEDLANDER, Judge

Following a jury trial, Henry Luke Kellems, Jr. was convicted of Operating a Motor Vehicle while Privileges Suspended,1 a class D felony. Kellems presents two issues for review: 1. Did the State present sufficient evidence to support Kellems's conviction? Did the trial court err in admitting into evidence a certified copy of Kellems's driving record?

2.

We affirm. The facts as set out by our Supreme Court in Kellems's prior appeal follow.2 On March 20, 2002, the Tell City Police Department received a telephone call from a woman identifying herself as Dodie McDonald. McDonald reported seeing a man she identified as Luke Kellems driving from Troy to Tell City. According to her report, Kellems was driving without a license or insurance, intoxicated, and with children in the vehicle. Additionally, McDonald provided the police with a description of Kellems's vehicle, a white pickup truck, and his license plate number. Tell City Police Sergeant Lynn Wooldridge responded to the dispatch of McDonald's tip. After spotting Kellems in a white pickup truck, he followed it to confirm whether the license plate number matched that given to dispatch by McDonald. Having matched the plates, Sergeant Wooldridge pulled Kellems's vehicle over without observing any traffic violation. Upon pulling Kellems over, Sergeant McDonald approached the truck with Kellems sitting in the driver's seat and his wife and child in the passenger seats. Sergeant Wooldridge requested Kellems's driver's license and received an identification card instead. The identification card was checked through the Bureau of Motor Vehicles and indicated that Kellems had a suspended driver's license and was a habitual traffic offender. A portable breathalyzer test was administered to Kellems, which came up negative. Kellems was then arrested and charged with operating a vehicle while a habitual traffic offender.

1 2

Ind. Code Ann.

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