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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
Jul 01 2009, 9:18 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: TERI A. CUMMINS The Sandy Law Firm Lafayette, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

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

No. 79A02-0812-PC-1073

APPEAL FROM THE TIPPECANOE SUPERIOR COURT The Honorable Donald C. Johnson, Judge Cause No. 79D01-0305-FC-37

July 1, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Jeffrey Olson pleaded guilty to Fraud on a Financial Institution,1 a class C felony, and admitted to being a Habitual Offender.2 The sole issue on appeal is whether the postconviction court properly denied Olsons petition for post-conviction relief upon its determination that Olsons guilty plea was knowingly and voluntarily entered. We affirm. Prior to 2002, Olson was arrested and charged in Federal District Court with being a felon in possession of a firearm. Olson pleaded guilty to the federal charge and was sentenced to six years. On May 9, 2003, the State of Indiana charged Olson with numerous offenses for acts that occurred between August 2002 and October 2002. Specifically, the State charged Olson with two counts of class C felony fraud on a financial institution, five counts of class D felony theft, and one count of class D felony money laundering. The State also alleged Olson to be a habitual offender. After being charged, Olson consulted with Attorney Michael Lohorn regarding a possible guilty plea. In discussing sentencing, Attorney Lohorn told Olson that it was up to the trial court to decide whether he would serve his sentence concurrent or consecutive to the federal sentence already imposed. At an initial hearing held on September 23, 2003, Olson, pursuant to a written plea agreement with the State, pleaded guilty to one count of class C felony fraud on a financial institution and admitted to being a habitual offender. The State agreed to dismiss the

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Ind. Code Ann.

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