Schenk v. State

OPINION

KIRSCH, Judge.

Following a guilty plea, Wayne Schenk appeals his sentence for operating a motor vehicle with an alcohol concentration equivalent of. 15 or greater with a prior conviction for operating while intoxicated, 1 as a Class D felony. Schenk raises one issue: whether the trial court erred in finding that an operating while intoxicated conviction, under a repealed but recodified statute, constituted a prior conviction for purposes of determining that six months of his sentence was non-suspendable under IC 35-50-2-2(b)(4)(R).

We affirm.

FACTS AND PROCEDURAL HISTORY

In November 2007,…