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Published by the Indiana Office of Court Services

Garcia v. State, No. 20A04-1202-CR-257, __ N.E.2d __ (Ind. Ct. App., Oct. 9, 2012).

October 12, 2012 Filed Under: Criminal Tagged With: Appeals, M. Barnes


BARNES, J.

Indiana Code Section 35-42-2-2(b) provides that “[a] person who recklessly, knowingly, or intentionally performs . . . an act that creates a substantial risk of bodily injury to another person . . . commits criminal recklessness.” The offense is a Class C felony if “it is committed by shooting a firearm into an inhabited dwelling or other building or place where people are likely to gather.” I.C. § 35-42-2-2(c)(3)(A). The State alleged in the charging information that the “occupied motor vehicle” was a place where people were likely to gather. App. p. 102. On appeal, Garcia argues that a vehicle is not a “place” and that, even if it is a “place,” it is not a “place where people are likely to gather.”

. . . .

We conclude that a vehicle can be a “place” as contemplated by the criminal recklessness statute. Further, we have no difficulty holding that a vehicle can be a “place where people are likely to gather.” A vehicle, which can transport people, is clearly a location where people could congregate and gather. We conclude that, under Indiana Code Section 35-42-2-2, a vehicle can be unambiguously included as a “place where people are likely to gather.” As a result, the trial court properly denied Garcia’s motion for directed verdict.
VAIDIK, J., and MATHIAS, J., concur.

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