Ponciano v. State

OPINION

HOFFMAN, Senior Judge.

Defendant-Appellant Cristian Ponciano appeals his conviction of eriminal recklessness, a Class C felony. 1 We affirm.

Ponciano raises two issues for our review, which we restate as:

I. Whether Poneiano's conviction violates equal protection because Ind. Code § 35-42-2-2(c)(8) requires a disproportionate penalty for criminal recklessness when the defendant fires a gun from a vehicle.

II. Whether Ind.Code § 85-42-2-2(c)(8) is unconstitutionally vague.

During the early morning hours of June 20, 2004, Ponciano drove a vehicle containing three other men to the Indianapolis…