RILEY, J.
Rogers first argues that his conviction for failing to register as a sex offender is an improper ex post facto application of sex offender registration requirements in violation of the Indiana Constitution. The Indiana Constitution contains a prohibition against ex post facto laws. Ind. Const. art. I, § 24. An ex post facto law is one that “imposes a punishment for an act which was not punishable at the time it was committed; or imposes additional punishment to that then prescribed.” Wallace v. State, 905 N.E.2d 371, 377 (Ind. 2009), reh’g denied. Rogers contends that the sex offender registration laws are ex post facto as applied to him because he was not required to register as a sex offender in Indiana when he committed the underlying crime of second degree sexual assault in 1991.
It is well-settled in Indiana that a person who pleads guilty cannot challenge the propriety of the resulting conviction on direct appeal; he or she is limited on direct appeal to contesting the merits of a trial court’s sentencing decision, and then only where the sentence is not fixed in the plea agreement. Alvey v. State, 911 N.E.2d 1248, 1249 (Ind. 2009). “This is one of the consequences of pleading guilty. After all, ‘[a] defendant‟s plea of guilty is [ ] not merely a procedural event that forecloses the necessity of trial and triggers the imposition of a sentence. It also, and more importantly, conclusively establishes the fact of guilt, a prerequisite in Indiana for the imposition of criminal punishment.’” Id. (quoting Norris v. State, 896 N.E.2d 1149, 1152 (Ind. 2008)). We have recognized that defendants who elect to enter plea agreements in return for favorable outcomes “give up a plethora of substantive claims and procedural rights.” Creech v. State, 887 N.E.2d 73, 74 (Ind. 2008).
However, Rogers raises a constitutional claim to challenge the propriety of his conviction. Thus, we need to analyze whether an ex post facto constitutional claim is an exception to the general rule that a defendant may not challenge a conviction pursuant to a guilty plea on direct appeal. We conclude that it is not. We evaluated the issue in Douglas and concluded that Douglas had not waived his ex post facto claim by pleading guilty. Douglas v. State, 878 N.E.2d 873, 878 (Ind. Ct. App. 2007). We noted, though, that our conclusion was based on a “narrow set of circumstances.” Id. Specifically, Douglas had not pled guilty pursuant to a plea agreement, so he had not received a benefit such as a reduced sentence or the dismissal of other charges. Id. In addition, he had already raised his ex post facto claim prior to the entry of the guilty plea, so there were fully briefed arguments from both parties regarding the claim, and there was a record upon which this court could base its review. Id. None of these circumstances are present in the instant case.
Rogers did not plead guilty without recompense as Douglas did. Rogers entered into a plea agreement with the State and received substantial benefits for doing so. In exchange for Rogers‟ guilty plea, the State agreed to dismiss four charges against him, two of which were felony charges and two of which were misdemeanor charges. Also, Rogers failed to raise his claim before entering into his guilty plea, and the record before us is sparse. As such, we do not know when Rogers moved to Indiana, whether he continued to maintain his registration obligations immediately, or how he came to register in Indiana at all.
Instead, we find that Rogers’ circumstances fit into the broader general rule that a defendant who pleads guilty pursuant to a plea agreement waives potential claims with respect to the propriety of his conviction on direct appeal. In Games, the supreme court examined a similar constitutional claim and held that Games was not allowed to file a double jeopardy claim on appeal after he had entered into a plea agreement regarding the underlying offenses at trial. Games v. State, 743 N.E.2d 1132, 1135 (Ind. 2001). The supreme court noted that “retaining a benefit while relieving oneself of the burden of the plea agreement ‘would operate as a fraud upon the court.’” Id. While relating to a different constitutional claim, we find the supreme court’s reasoning persuasive as applied to Rogers’ constitutional claim. Based on the Games court’s holding and the circumstances underlying Rogers’ plea agreement, we decline to create an exception to the rule that a defendant who pleads guilty pursuant to a plea agreement may not challenge his conviction on direct appeal. We conclude that Rogers waived his ex post facto claim when he entered into a plea agreement with the State.
NAJAM, J. and MAY, J. concur.