Spears v. State

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Defendant, Carl Spears (Spears), appeals his conviction for Count II, pointing a firearm, a Class D felony, Ind.Code § 85-47-4-8.

We affirm.

ISSUES

Spears raises two issues on appeal, which we restate as follows:

1. Whether the trial court committed fundamental error when, after learning of a witness' extra-judicial contact with a juror concerning an issue before the court, it failed to replace the juror; and

2. Whether the trial court abused its discretion by imposing the maximum sentence in light of the nature of the offense and character of the…