FOR PUBLICATION

ATTORNEY FOR APPELLANT :    ATTORNEYS FOR APPELLEE:

VICTORIA URSULSKIS    KAREN M. FREEMAN-WILSON
Indianapolis, Indiana    Attorney General of Indiana

             EILEEN EUZEN
            Deputy Attorney General
             Indianapolis, Indiana

THOMAS ARMSTRONG,       )

                             )
Appellant-Defendant,         )
                             )
vs.                          )    No. 49A02-0005-CR-304
                             )
STATE OF INDIANA,            )
                             )
Appellee-Plaintiff.          )

2.    Whether his convictions for pointing a firearm, as Class D felonies, and carrying a handgun without a license, a Class A misdemeanor, constitute multiple punishments for the same offense in violation of the Indiana Double Jeopardy Clause.

3.    Whether the trial court relied on improper aggravators to enhance Armstrong’s sentence.

    We affirm in part, reverse in part and remand for resentencing.

Id. (emphasis added). We do not find Armstrong’s analogy between resisting law enforcement and pointing a firearm to be persuasive.
A firearm is a lethal weapon, and “the potential for harm exists any time a firearm is pointed at a person.” State v. Meier, 422 N.W.2d 381, 385 (N.D. 1988) (emphasis added). We can envision no situation in which pointing a loaded gun at another person does not create a substantial risk of death or bodily injury to that person. Bracksieck v. State, 691 N.E.2d 1273, 1275 (Ind. Ct. App. 1998) (holding that pointing a firearm, as Class D felony, and criminal recklessness, as Class D felony, are same offense for double jeopardy purposes). It is also “common knowledge that numerous persons are killed each year by guns which the handlers thereof did not realize were loaded, or thought were unloaded, which were in fact loaded.” Meier, 422 N.W.2d at 385.
Indiana Code Section 35-47-4-3 proscribes in no uncertain terms the knowing or intentional pointing of a firearm “at another person[,]” regardless of whether that firearm is loaded. Ind. Code § 35-47-4-3(b) (emphasis added). It is the act of pointing a firearm at an individual person which the statute prohibits, and, in view of its clear and unambiguous language, we believe the statute was intended to protect individuals from being placed in danger of death or bodily injury from the discharge of a firearm. Cf. Armstead, 549 N.E.2d at 401. Unlike the harm caused by a “single affray” of resisting law enforcement, the harm caused by a single incident of pointing a firearm is not the same regardless of the number of persons at whom the defendant points his weapon. Indeed, had the legislature intended to preclude multiple charges and convictions under Indiana Code Section 35-47-4-3, as Armstrong suggests, that section would read: “A person who knowingly or intentionally points a firearm at another person or persons commits a Class D felony.”
    Here, while all three of Armstrong’s convictions for pointing a firearm stem from a single incident, the evidence shows that he pointed a handgun at three individuals: Currie, Wilson, and Gina. The record further supports an inference that these were three separate and distinct pointings of a firearm rather than one continuous action. See footnote We therefore decline to reverse Armstrong’s convictions.
We must nevertheless remand for resentencing. Indiana Code Section 35-50-1-2(c) limits the total sentence that may be imposed for acts arising out of a single “episode of criminal conduct”See footnote to the presumptive sentence for the next highest felony. The presumptive sentence for a Class C felony, which is the next highest felony in this case, is four years. See Ind. Code § 35-50-2-6(a). Thus, Armstrong’s sentence for his three convictions of pointing a firearm should not have exceeded four years. Because the trial court sentenced Armstrong to three years on each count of pointing a firearm, to be served consecutively for an aggregate term of nine years, we reverse that part of his total executed sentence and remand to the trial court with instructions to resentence Armstrong accordingly.

Richardson, 717 N.E.2d at 53.
    To prove the crime of pointing a firearm, as a Class D felony, the State presented evidence that Armstrong pointed a handgun at Currie, Wilson, and Gina. To prove the crime of possession of a handgun without a license, the State presented evidence that Armstrong possessed the handgun in a place that was not his dwelling, property, or fixed place of business, namely, Currie’s house. In addition, Armstrong failed to present evidence that he had a license to carry the handgun that was found in his possession.
    Accordingly, distinct evidentiary facts were used to prove that Armstrong pointed a handgun at Currie, Wilson, and Gina, “while a lack of evidentiary facts was used to prove that [Armstrong] did not have a license to carry that handgun.” See Ho, 725 N.E.2d at 993 (finding no double jeopardy violation under actual evidence test where defendant was convicted of robbery while armed with a handgun and carrying a handgun without a license). Further, the jury was required to find evidence that Armstrong was not in his home or business when it determined him guilty of carrying a handgun without a license. Armstrong has failed to demonstrate a reasonable possibility that the same evidentiary facts may have been used to establish the essential elements of each challenged offense. Therefore, we find no double jeopardy violation under Indiana’s actual evidence test and conclude that Armstrong’s convictions for pointing a firearm, as Class D felonies, and for carrying a handgun without a license, a Class A misdemeanor, do not constitute multiple punishments for the same offense in violation of the Indiana Double Jeopardy Clause.