Matthews v. State

OPINION

MAY, Judge.

Elsor Matthews, Jr., appeals the denial of his petition for post-conviction relief. He asserts the attorney who represented him at trial and on appeal was ineffective because he did not assert the unconstitutionality of Matthews’ conviction of Class B 1 or Class C 2 felony battery, rather than Class D felony criminal recklessness, 3 based on the Proportionality Clause in Article 1, Section 16 of the Indiana Constitution. We affirm. 4

FACTS AND PROCEDURAL HISTORY

In 2005, Matthews was convicted of Class B felony aggravated battery, Class D felony intimidation, 5 and Class A…