Elliott v. State

BAKER, Judge.

This appeal comes before us following defendant-appellant Earl Elliott's conviction for criminal recklessness with a deadly weapon, a Class D felony. 1 The dispositive issue for our review is whether, as a matter of law, Elliott's conduct created a "substantial risk of bodily injury" as that phrase is used in IND.CODE 85-42-2-2. We hold that it did not, and therefore reverse.

FACTS

The facts most favorable to the verdict reveal Elliott returned to his used car lot on the afternoon of August 22, 1989 after having had a full lunch with three beers. It was a warm, sunny day, and some…