STATE v. MOSS-DWYER

No. 45S00-9610-CR-657.

686 N.E.2d 109 (1997)

STATE of Indiana, Appellant (Plaintiff Below), v. Kathleen MOSS-DWYER, Appellee (Defendant Below).

Supreme Court of Indiana.

October 23, 1997.


Attorney(s) appearing for the Case

Pamela Carter, Attorney General, Andrew L. Hedges, Deputy Attorney General, Indianapolis, for Appellant.

Marce Gonzalez, Jr., Merrillville, Thomas W. Vanes, Merrillville, for Appellee.


SHEPARD, Chief Justice.

The General Assembly has classified the crime of giving false information in an application for a handgun license as a class C felony. The Lake Superior Court held that this penalty was facially unconstitutional as a violation of the proportionality requirement of the Indiana Constitution, Article I, Section 16.1

The trial court certified its order for interlocutory appeal, and we accepted jurisdiction to...

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