State v. Loveless

OPINION

ROBB, Judge.

Stephen Loveless entered a plea of guilty to operating a vehicle while intoxicated (“OWI”) with a previous OWI conviction within five years, a Class D felony. The vehicle which Loveless was operating was a motorized bicycle.1 Loveless subsequently filed a petition for post-conviction relief. The trial court granted Loveless’s petition, finding that a “motorized bicycle” is not a “motor vehicle” for purposes of the OWI statute and therefore vacated Loveless’s conviction. The State appeals. We reverse.

Issue

The State presents the following restated issue for our review:…