BARTEAU, Senior Judge.
Petitioner-Appellant Andrew McWhorter appeals the denial of his petition for post-conviction relief. We affirm.
McWhorter raises one issue, which we restate as: whether the trial court erred by accepting his guilty plea to a charge of residential entry, a Class D felony. Ind. Code § 35-43-2-1.5 (1991).
On the morning of May 3, 2002, Betty Small entered her garage and got in her car. As she prepared to back her car out of her garage, she saw a person, later identified as McWhorter, in the back seat of her car. Small got out of the car, left the garage and called the police, who arrived and arrested McWhorter.
The State charged McWhorter with residential entry and other offenses not at issue in this appeal. The parties executed a plea agreement, pursuant to which McWhorter agreed to plead guilty to residential entry and two counts of battery. The trial court held a hearing and accepted McWhorter's plea. The trial court sentenced McWhorter to an aggregate sentence of two years. McWhorter did not appeal.
Subsequently, McWhorter filed a petition for post-conviction relief. The court denied McWhorter's petition after a hearing, and he now appeals.
In reviewing the judgment of a post-conviction court, appellate courts consider only the evidence and reasonable inferences supporting its judgment. Hall v. State, 849 N.E.2d 466, 468 (Ind.2006). To prevail on appeal from the denial of post-conviction relief, the petitioner must show that the evidence as a whole leads unerringly and unmistakably to a conclusion opposite to that reached by the post-conviction court. Id. at 469. Where, as here, the post-conviction court enters findings and conclusions in accordance with Indiana Post-Conviction Rule 1(6), we will reverse upon a showing of clear error—that which leaves us with a definite and firm conviction that a mistake has been made. Id. (quotation omitted).
McWhorter argues that we should review the trial court's findings of fact de novo because they are based on a paper record. McWhorter cites Lee v. State, 892 N.E.2d 1231 (Ind.2008), in support of his argument. In Lee, the post-conviction court made its decision based on the trial transcript, jury instructions, and charging information. Id. at 1236-37. By contrast, in this case the post-conviction court reviewed the record from McWhorter's guilty plea proceedings, but McWhorter also testified at the post-conviction hearing. Therefore, the post-conviction court's decision is not based entirely on a paper record, and we decline to apply a de novo standard of review.
Turning to the merits, McWhorter argues that the trial court should not have accepted his guilty plea to residential entry because he proclaimed his innocence as to that charge during the guilty plea hearing. Specifically, McWhorter claims that he believed that he had received consent to enter the Smalls' garage and that he had raised the question of consent at the hearing. A defendant's reasonable belief that he had permission of the dwelling's owner to enter is a defense to the charge of residential entry. Webster v. State, 708 N.E.2d 610, 614 (Ind.Ct.App.
In this case, at McWhorter's guilty plea hearing, he agreed with the trial court's statement that he knowingly broke into and entered the dwelling of Betty and Teddy Small. In addition, McWhorter stated that he saw no inaccuracies in the police reports. In the police reports, Betty stated that she did not know McWhorter. When he was asked if he knew he was not in his town of residence when he entered the Smalls' garage, McWhorter stated, "going from what I said that night, I thought I was in Honey Creek."
McWhorter cites to Wingham v. State, 780 N.E.2d 1164 (Ind.Ct.App.2002), but that case is distinguishable. In Wingham, we determined that a defendant's guilty plea to operating a motor vehicle while intoxicated was invalid because the defendant flatly denied during the guilty plea hearing that he had been intoxicated when he was pulled over by the police. 780 N.E.2d at 1165. By contrast, in the current case, McWhorter admitted that he broke into and entered the Smalls' garage, and that Betty Small had not met him before. McWhorter also expressed some uncertainty as to his location on the night in question, but he ultimately admitted that his memory of the night in question was unclear. Therefore, Wingham is not controlling. McWhorter has not demonstrated clear error and we are not left with a definite and firm conviction that a mistake has been made.
For the reasons stated above, we affirm the judgment of the trial court.
Affirmed.
DARDEN, J., and RILEY, J., concur.