BROWN, J.
. . . Kistler argues that his plea was illusory because it was induced by the State’s agreement to dismiss an invalid habitual offender charge. . . . .
. . . .
The State correctly concedes that Kistler was improperly charged as an habitual offender.1 [1 The information for the habitual offender charge alleged that Kistler had accumulated at least two prior unrelated convictions: (1) operating a vehicle while a habitual traffic violator as a class D felony; and (2) operating while intoxicated as a class D felony. At the time that Kistler committed the offenses, Ind. Code § 35-50-2-8 provided that “the state may seek to have a person sentenced as a habitual offender for any felony by alleging, on a page separate from the rest of the charging instrument, that the person has accumulated two (2) prior unrelated felony convictions.” “However, a prior unrelated felony conviction under IC 9-30-10-16, IC 9-30-10-17, IC 9-12-3-1 (repealed), or IC 9-12-3-2 (repealed) may not be used to support a sentence as a habitual offender.” Ind. Code § 35-50-2-8(e) (2004). Kistler’s conviction for operating a vehicle while a habitual traffic violator as a class D felony was based upon Ind. Code § 9-30-10-16. Thus, the charging information improperly alleged that Kistler was an habitual offender because it relied upon Kistler’s conviction for operating a vehicle while a habitual traffic violator.] . . . In Segura v. State, the Indiana Supreme Court held:
Whether viewed as ineffective assistance of counsel or an involuntary plea, the postconviction court must resolve the factual issue of the materiality of the bad advice in the decision to plead, and postconviction relief may be granted if the plea can be shown to have been influenced by counsel’s error. However, if the postconviction court finds that the petitioner would have pleaded guilty even if competently advised as to the penal consequences, the error in advice is immaterial to the decision to plead and there is no prejudice.
749 N.E.2d 496, 504-505 (Ind. 2001). . . . .
. . . .
While Kistler testified that he would not have pled guilty if he had known that he was not an habitual offender, he also testified that at the time that he pled guilty he “didn’t really know” how much time he was facing for the habitual offender charge other than that he knew that the maximum sentence was eighty-eight years. . . . .
Further, even without considering the dismissal of the habitual offender charge, Kistler received a substantial benefit from his guilty plea. Specifically, the State reduced the charge of child molesting as a class A felony to a B felony. Thus, Kistler, who was thirty-eight years old at the time of the guilty plea hearing, faced a maximum sentence, if properly advised, of fifty-eight years if he went to trial, but faced a maximum sentence of twenty-eight years if he accepted the plea agreement.
We also observe that the post-conviction court noted that Kistler was “unclear on the consequences of his being successful on his petition.” . . . Specifically, the court noted:
[Kistler] at the hearing seemed unclear on the consequences of his being successful on his petition. [Kistler] testified that he believed that he would get less time if he pursued his petition and that was the reason that he filed it. Given the fact that [Kistler] could once again be facing a maximum penalty of thirty years more than he received, it is not clear [Kistler], given the option, would want a chance to take the case to trial. See Indiana Post-Conviction Rule 1(10)(c). If it is [Kistler’s] plan to simply plead guilty according to the same terms as before, that undercuts his claim that he would not have pled guilty given the proper advice.
. . . The record supports the court’s finding.
. . . .
Under the circumstances, we cannot say that Kistler has demonstrated that he would not have pled guilty even if properly advised. . . . We also cannot say that Kistler has demonstrated a showing of facts that support a reasonable probability that the hypothetical reasonable defendant would have elected to go to trial if properly advised. [Footnote omitted.] Accordingly, his claim of ineffective assistance on this basis fails.
DARDEN, J., and BRADFORD, J., concur.