Legal Opinion

D.C.C. v. State

Indiana Court of Appeals

Decided June 17, 1998No. 49A02-9802-JV-205PublishedCited by 6 opinions

1Opinion of the Court

OPINION

MATTINGLY, Judge.

D.C.C. appeals his adjudication as a delinquent child for carrying a handgun without a license, a Class A misdemeanor when committed by an adult. He raises a single issue on appeal: whether the evidence was sufficient to support the trial court’s finding of delinquency when a handgun was found under the seat where the defendant was a passenger; the gun was far enough back under the seat that it could not be seen by the passenger in that seat; and there was no evidence the defendant ever had the gun on his person.

We reverse and remand.

FACTS

The facts most favorable to…

2Cases cited4 opinions

  1. Hoffman v. StateIndiana Supreme Court · 1988
  2. Ferrell v. StateIndiana Court of Appeals · 1995
  3. Cole v. StateIndiana Court of Appeals · 1992
  4. State v. HillIndiana Court of Appeals · 1997

3Cited by6 opinions

  1. Deshazier v. StateIndiana Court of Appeals · 2007
  2. Grim v. StateIndiana Court of Appeals · 2003
  3. Thurman v. StateIndiana Court of Appeals · 2003
  4. E.D. v. StateIndiana Court of Appeals · 2009
  5. Matthew James Cole v. State of IndianaIndiana Court of Appeals · 2017

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