Tumulty v. State

OPINION

KIRSCH, Judge.

Jeffrey Tumulty pleaded guilty to attempted Criminal deviate conduct,1 a Class B felony, two counts of Battery,2 as Class C felonies, and being an habitual offender3 On *363appeal, Tumulty challenges the sentences imposed and the validity of his guilty plea to the habitual offender charge.

We vacate the habitual offender determination and resulting sentence enhancement, and affirm the convictions and sentences for battery and criminal deviate conduct.

ISSUES

The parties raise four issues for our review:

1. Whether Tumulty can challenge on direct appeal his guilty plea to an…