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MATTHEWS v. STATE

No. 27A02-1003-PC-370.

944 N.E.2d 29 (2011)

Elsor MATTHEWS, Jr., Appellant-Petitioner, v. STATE of Indiana, Appellee-Respondent.

Court of Appeals of Indiana.

February 18, 2011.

Attorney(s) appearing for the Case

Joe Keith Lewis , Marion, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Monika Prekopa Talbot , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

MAY, Judge.

Elsor Matthews, Jr., appeals the denial of his petition for post-conviction relief. He asserts the attorney who represented him at trial and on appeal was ineffective because he did not assert the unconstitutionality of Matthews' conviction of Class B1 or Class C2 felony battery, rather than Class D felony criminal recklessness,3 based on the Proportionality...

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