Wingham v. State

OPINION

GARRARD, Senior Judge.

This is an appeal from the denial of post-conviction relief. In 1998, Wingham was convicted of operating a motor vehicle while intoxicated based upon his guilty plea. He subsequently petitioned for post-conviction relief contending that his plea was accepted without an adequate factual basis and while he maintained his innocence. He further argues the plea was not intelligently, knowingly and voluntarily entered.

At the outset, we note that in Indiana there is a legal distinction between a claim that a guilty plea was entered without an adequate factual basis and a…