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WILSON v. STATE

No. 26A01-9608-CR-264.

677 N.E.2d 586 (1997)

Donald WILSON, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

March 11, 1997.

Attorney(s) appearing for the Case

Terry A. White, Olsen, Labhart, White & Hambidge, Evansville, for Appellant.

Pamela Carter, Attorney General, Cynthia L. Ploughe, Deputy Attorney General, Indianapolis, for Appellee.

OPINION

ROBERTSON, Judge.

Donald Wilson appeals his convictions, after a jury trial, of Criminal Recklessness While Armed With a Deadly Weapon, and Pointing a Firearm at Another Person, both class D felonies. Wilson raises two issues, both of which require reversal.1 We address the following restated issue only:

whether Wilson is entitled to a new trial based upon the uncontroverted affidavit of one of State's witnesses...

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