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PENLEY v. STATE

No. 29A02-9909-CR-654.

734 N.E.2d 287 (2000)

Brian L. PENLEY, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

August 30, 2000.

Attorney(s) appearing for the Case

Bruce A. Kotzan, Indianapolis, Indiana, Attorney for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, Kristin T. Givens, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.

OPINION

MATTINGLY, Judge

Brian Penley appeals his conviction after a jury trial of pointing a firearm, a Class A misdemeanor.1 He raises four issues on appeal, which we consolidate and restate as whether the State improperly withheld exculpatory evidence.

We reverse.

FACTS AND PROCEDURAL HISTORY

On July 27, 1997, Penley and Paul Zeman were involved in an incident in a grocery store parking lot...

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