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PONCIANO v. STATE

No. 49A02-0507-CR-657.

851 N.E.2d 305 (2006)

Cristian PONCIANO, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

July 13, 2006.

Attorney(s) appearing for the Case

Michael G. Moore, Indianapolis, IN, Attorney for Appellant.

Stephen R. Carter, Attorney General of Indiana, Kelly A. Miklos, Deputy Attorney General, Indianapolis, IN, Attorney for Appellee.

OPINION

HOFFMAN, Senior Judge.

Defendant-Appellant Cristian Ponciano appeals his conviction of criminal recklessness, a Class C felony.1 We affirm.

Ponciano raises two issues for our review, which we restate as:

I. Whether Ponciano's conviction violates equal protection because Ind. Code § 35-42-2-2(c)(3) requires a disproportionate penalty for criminal recklessness when the defendant fires a gun from a...

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