Recker v. State

OPINION

KIRSCH, Judge.

James R. Recker II ("Recker") appeals the denial of his motion to convert his conviction for operating a vehicle while intoxicated as a Class D felony to a Class A misdemeanor. He raises the following restated issue: whether the trial court erred when it denied his motion because he claims that he met the requirements of Indiana Code section 35-38-1-1.5.

We affirm.

FACTS AND PROCEDURAL HISTORY

On March 1, 2006, Recker pleaded guilty to operating a vehicle while intoxicated as a Class D felony. Pursuant to his written plea agreement, Recker was sentenced to 365 days with 361…