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FOR PUBLICATION
ATTORNEY FOR APPELLANT: ELIZABETH A. GABIG Indianapolis, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana Indianapolis, Indiana WADE JAMES HORNBACHER Deputy Attorney General Indianapolis, Indiana

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

Dec 22 2010, 10:10 am

IN THE COURT OF APPEALS OF INDIANA
OSCAR I. BELMARES-BAUTISTA, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 57A04-1003-CR-223

APPEAL FROM THE NOBLE SUPERIOR COURT The Honorable Michael J. Kramer, Judge Cause No. 57D02-0910-CM-1019

DECEMBER 22, 2010 OPINION - FOR PUBLICATION

BOEHM, Senior Judge

Ligonier police officer Josh Halsey pulled Oscar I. Belmares-Bautista over for playing loud music on his car stereo. Halsey asked Belmares-Bautista for his driver's license, and Belmares-Bautista produced what appeared to be a driver's license from the state of Aguascalientes, Mexico. Halsey identified the document as a forgery and

arrested Belmares-Bautista. Belmares-Bautista represented himself in a bench trial and was convicted of possession of a counterfeit government-issued identification, a Class A misdemeanor, and operating a vehicle without ever having received a valid license, a Class C misdemeanor. The only issue is whether Belmares-Bautista knowingly, voluntarily and intelligently waived his right to counsel. Belmares-Bautista signed a Spanish language

waiver form and conducted his trial through an interpreter. He does not contend that the form erroneously translated the standard English language form or that he was otherwise coerced or misled. For the reasons explained below, we hold that this record is sufficient to support the trial court's waiver of his right to counsel. The right to be represented by counsel is protected by both the Federal and Indiana Constitutions. Jackson v. State, 868 N.E.2d 494, 499 (Ind. 2007) (citing U.S. Const. amend. VI and Ind. Const. art. 1,

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