Legal Opinion · Concurring in part, dissenting in part

Clayton v. State

Indiana Court of Appeals

Decided November 27, 1996No. 79A04-9604-PC-146Published

1Concurring in part, dissenting in partChezem, Judge

I respectfully concur in part and dissent in part. I concur in the majority’s conclusion that the trial court did not err in summarily denying Clayton’s petition as to the trial court’s advisement. The suspension of one’s driver’s license is not a punishment imposed by the court as a result of a guilty plea, but a collateral consequence of the conviction. See Stoltz v. State, 657 N.E.2d 188 (Ind.Ct.App. 1995). As such, the trial judge need not have informed Clayton of the potential license suspension ramifications of a conviction.

I dissent from the majority’s conclusion that the court’s…

2Cases cited2 opinions

  1. Hinkle v. StateIndiana Court of Appeals · 1992
  2. Stoltz v. StateIndiana Court of Appeals · 1995

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