Abney v. State

GIYAN, Justice.

A jury trial resulted in appellant’s conviction of Criminal Recklessness with a Deadly Weapon, a Class D felony, for which he received a sentence of three (3) years, enhanced by thirty (30) years by reason of his status as an habitual offender.

The facts are: Appellant and his wife Debbie had been separated since August of 1985. On October 31, 1985, appellant became intoxicated and entered the H & H Tavern in Martinsville. Debbie was seated at the bar and a man who was not known to her was seated next to her. When appellant entered, he accused Debbie of being with the stranger.…