Michael L. Curtis v. State of Indiana

OPINION

SHARPNACK, Senior Judge.

STATEMENT OF THE CASE

Michael Curtis appeals the denial of his Indiana Trial Rule 60(B) motion for relief from judgment following the forfeiture of his truck. We reverse.

ISSUE

Curtis raises one issue: whether the trial court abused its discretion by denying his motion for relief from judgment.

FACTS AND PROCEDURAL HISTORY

In December 2009, the State charged Curtis with four counts of Class D felony fraud for selling pirated movies out of his truck. Specifically, the State alleged that Curtis violated Indiana Code section 35-43-5-4(10)(A) (2005), which makes it a…