State v. VANKIRK

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

The State appeals a reserved question of law after the trial court found Gordon Vankirk not guilty of operating a motor vehicle while privileges are forfeited for life, a class C felony. 1

We affirm.

ISSUE

Whether the trial court improperly found that Vankirk’s driving privileges had not been forfeited for life because Vankirk’s sentence for operating of a motor vehicle while an habitual traffic violator had been modified from a class D felony to a class A misdemeanor.

FACTS

On February 1, 2005, Vankirk pleaded guilty under cause number 29D05-0405-FD-2990…