denied. Additionally, stipulations are looked upon with favor as a method by which litigation may be simplified and expedited. Corbin v. State, 713 N.E.2d 906, 908 (Ind.Ct.App.1999), trans. denied.
Indiana law does not recognize nolo contendere pleas, in which a defendant does not admit or deny the charges. Corbin v. State, 713 N.E.2d 906, 907 (Ind. Ct. App. 1999) (citing Mahoney v. State, 149 N.E. 444, 447 (Ind. 1925)). In Indiana, "the only pleas which are permitted are a) not guilty, b) guilty, or c) guilty but mentally ill."
However, Howard did not plead guilty to the SVF enhancement. See Corbin v. State, 713 N.E.2d 906, 908 (Ind. Ct. App. 1999) ("Moreover, the stipulation to certain facts in no way transforms a trial into a guilty plea hearing.").[10] "A violation of the right to a trial by jury is a fundamental error, and cannot be considered harmless."
The use of stipulated evidence does not prevent the parties from arguing what the facts are and what inferences those facts reasonably support.Corbin v. State, 713 N.E.2d 906, 908 (Ind.Ct.App. 1999). At trial, the State had to prove that Nichols operated his vehicle while he was intoxicated.