AVANT v. STATE

No. 49A02-0111-CR-783.

779 N.E.2d 538 (2002)

Marc AVANT, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

November 20, 2002.


Attorney(s) appearing for the Case

Timothy J. Miller, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Zachary J. Stock, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


OPINION

FRIEDLANDER, Judge.

In this interlocutory appeal from the denial of his motion to dismiss, Marc Avant challenges the constitutionality of Ind.Code Ann. § 35-48-4-8.3 (West 1998). Avant presents the following consolidated, restated issue for review: Are the penalties disproportional for the offenses set out in I.C. § 35-48-4-8.3(a) and (c), thereby rendering the statute unconstitutional?

We affirm.

The underlying facts in...

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