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PASCHALL v. STATE

No. 49A02-0405-CR-439.

825 N.E.2d 923 (2005)

David PASCHALL, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Transfer Denied June 23, 2005.

Attorney(s) appearing for the Case

Susan D. Rayl, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Stephen Tesmer, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

MAY, Judge.

David Paschall appeals his conviction after a jury trial of unlawful possession of a firearm by a serious violent felon, a Class B felony.1 He raises two issues:

1. Whether prosecutorial misconduct placed Paschall in grave peril; and 2. Whether Paschall was properly sentenced.

We affirm.

FACTS

At 1:15 a.m. on November 7, 2003, Mary Gibson was awakened by a noise...

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