Melton v. State

ROBERTSON, Judge.

Jeffrey D. Melton appeals the denial of his petition for post-conviction relief. We affirm, but remand with instructions to vacate the judgment of conviction on operating a motor vehicle while intoxicated and enter a judgment of conviction on operating a motor vehicle with a blood aleohol content of at least .10%.

In his petition for post-conviction relief, Melton alleged, among other things, that the court did not elicit an adequate factual basis for his plea, that his plea of guilty was not knowingly and intelligently made, and that the court failed to determine whether he…