Warren v. State

BARTEAU, Judge.

Does placing an unloaded weapon against another’s stomach and waving the gun near the other create a substantial risk of bodily injury so as to constitute criminal recklessness? We hold that under the circumstances presented in this case, it does not.

Robert Warren was convicted, following a bench trial, of criminal recklessness, a Class D felony and of carrying a handgun without a license, a class A misdemeanor. The court sentenced him to two consecutive one year sentences, with six months suspended on each conviction. Warren appeals his conviction on the criminal recklessness…