Stewart v. State

OPINION

GARRARD, Judge.

STATEMENT OF THE CASE

Ernest Stewart (“Stewart”) appeals1 his *1111conviction of operating a vehicle while suspended as an habitual traffic violator, a class D felony, following a bench trial. We reverse.

ISSUE

The sole issue presented for our review is whether the State presented sufficient evidence to establish that the Bureau of Motor Vehicles (“BMV”) mailed Stewart a proper notice of his suspension as an habitual traffic violator.

FACTS

On October 5, 1995, Officer Michael Snow of the Indianapolis Police Department was called to the scene of an automobile accident. When he…