State v. Oney
Annotate this CaseDefendant pleaded guilty to driving while suspended as a habitual traffic violator (HTV). Defendant later filed a petition for post-conviction relief challenging an underlying offense for operating a vehicle while intoxicated (OWI) on grounds of the trial judge's alleged impropriety and the alleged violation of his right to counsel. The post-conviction court vacated the OWI conviction based on impropriety on the part of the trial judge. Defendant subsequently filed a motion to set aside his guilty plea because the OWI underlying offense had been set aside. The trial court granted the motion, set aside the guilty plea, and ordered Defendant's conviction expunged from his record. The Supreme Court affirmed, holding (1) although a defendant who pleads guilty to driving while suspended as a HTV may not later challenge the plea contending that an underlying offense has been set aside on grounds of procedural error, the defendant may be entitled to relief where an underlying offense has been set aside on grounds of material error; and (2) the State failed to meet its burden of demonstrating the trial court clearly erred in granting Defendant's motion to withdraw his guilty plea.
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