FOR PUBLICATION

ATTORNEY FOR APPELLANT:            ATTORNEYS FOR APPELLEE:

PATRICK R. RAGAINS                 STEVE CARTER
Smith & Ragains                    Attorney General of Indiana
Anderson, Indiana    
                             RICHARD C. WEBSTER            
                            Deputy Attorney General
                            Indianapolis, Indiana

JOHN GALL,                          )
                                                   )
    Appellant-Defendant,                           )
                                                   )
        vs.                                        )    No. 48A05-0305-CR-234
                                                   )
STATE OF INDIANA,                                  )
                                                   )
    Appellee-Plaintiff.                            )

Whether sufficient evidence was presented to support Gall’s convictions of dangerous possession of a firearm and attempted murder;

Whether the trial court improperly excluded testimony from H.S. as to Gall’s intent; and,

Whether the trial court abused its discretion in sentencing Gall.

Concluding that Gall was properly charged, that sufficient evidence supported his convictions, that the trial court properly excluded H.S.’s testimony, and that the trial court did not abuse its discretion when it sentenced Gall, we affirm.

Ind. Code § 31-30-1-4 (1998 & Supp. 2003).
    Indiana Code section 35-34-1-9(a)(2) provides that two or more offenses may be joined when the offenses “are based on the same conduct or on a series of acts connected together or constituting parts of a single scheme or plan.” Ind. Code § 35-34-1-9(a)(2) (1998).
Here, Gall was charged with one count of dangerous possession of a firearm and four counts of attempted murder as the result of his firing multiple rounds from a semi-automatic weapon in the direction of Campbell and the three passengers in his car on March 9, 2002. At the time, Gall was sixteen years old. Under Indiana Code section 31-30-1-4(a), the juvenile court lacked subject-matter jurisdiction to hear his case. See Ind. Code § 31-30-1-4(a)(10) & (12). See also B.D.T. v. State, 738 N.E.2d 1066 (Ind. Ct. App. 2000) (holding a juvenile court’s failure to transfer jurisdiction of case under section 31-30-1-4 to criminal docket was fundamental error).
Gall also argues that the charges filed against him impermissibly circumvented the juvenile waiver statute, Indiana Code section 31-30-3-5. However, that statute specifically excepts “those cases in which the juvenile court has no jurisdiction in accordance with I[ndiana] C[ode section] 31-30-1-4[.]” Ind. Code § 31-30-3-5 (1998). As set forth above, this is just such a case and we find no merit in Gall’s argument that by filing his charges in criminal court the State improperly “circumvented” the juvenile waiver statute. As such, Gall’s charges were properly filed in criminal court rather than juvenile court.
Finally, Gall argues that charging him under Indiana Code section 35-47-5-10 violated the privileges and immunities provision of Article One, Section Twenty-three of the Indiana Constitution. Gall acknowledges that in Person v. State, 661 N.E.2d 587 (Ind. Ct. App. 1996), trans. denied, this court determined that Indiana Code section 35-47-5-10 did not violate the privileges and immunities provision of Article One, Section Twenty-three. Nonetheless, Gall argues that the statute is unconstitutional as applied to him because it results in disparate treatment. However, Gall fails to address how in fact his treatment under the statute differs from the treatment of any juvenile sixteen or more years of age who has been charged with multiple offenses, one of which is included under Indiana Code section 31-30-1-4. While Gall is correct in his assertion that had he only been charged with attempted murder he might have been able to rebut the presumption of waiver into adult court, that fact alone does not constitute disparate treatment for the purposes of Article One, Section Twenty-three. See Person, 661 N.E.2d at 592-93 (applying the standard set forth in Collins v. Day, 644 N.E.2d 72 (Ind. 1994)).
Therefore, we conclude that the charges against Gall were properly filed in the criminal court and did not violate Article One, Section Twenty-three of the Indiana Constitution.

Ind. Code § 35-47-10-5 (1998). “Child” is defined as a person who is less than eighteen years old. Ind. Code § 35-47-10-3 (1998).
    Gall argues that the State failed to establish that he was less than eighteen years old on March 9, 2002. However, at trial, Gall testified that he was sixteen years old. Tr. p. 453. Moreover, other witnesses testified about their own ages and the age of the parties involved in the incident. Am.C. testified that she was fifteen years old at the time of the incident. Tr. p. 47. She also testified that when she arrived at Gall’s house with her father, “[e]verybody in the house was a kid.” Tr. p. 68. Campbell also testified that when the door to Gall’s house was opened “[t]here was just kids standing there.” Tr. p. 99. All of this testimony constitutes sufficient evidence to establish that Gall was a child under the statute.
    Gall also argues that the evidence presented established that he had his father’s permission to possess the gun, and therefore was exempt from Indiana Code section 35-47-10-5. See Indiana Code § 35-47-10-1(6) & (7) (1998). However, at trial, Gall’s father testified that the semi-automatic weapon was kept in a locked gun cabinet in his bedroom. Tr. p. 240. He also testified that when he left on his trip, both the gun cabinet and the bedroom were locked, and that only he had a key to the bedroom. Tr. pp. 242-43. Gall’s father had also told a detective that it was an unspoken rule in the home that Gall did not have permission to handle his father’s guns when he was out of town. Tr. p. 385. Gall points out that his father also testified that Gall did have permission to use his guns “for protection.” Tr. p. 259. In effect, Gall asks that we reweigh the evidence, which we will not do. Sufficient evidence was presented to establish that Gall did not have permission to possess his father’s guns when his father was not at home. Therefore, under these facts and circumstances, we conclude that sufficient evidence was presented to sustain Gall’s conviction of dangerous possession of a firearm.
B. Attempted Murder
Next, Gall contends that his conviction for attempted murder was not supported by sufficient evidence. He argues that the State failed to prove that he had the specific intent to kill Campbell.
In order to convict Gall of attempted murder, the State was required to prove beyond a reasonable doubt that Gall acted with the specific intent to kill and that he engaged in conduct constituting a substantial step toward the killing of Campbell. Ind. Code § 35-42-1-1 (1998 & Supp. 2003); Ind. Code § 35-41-5-1(a) (1998). “Intent to kill may be inferred from the nature of the attack and the circumstances surrounding the crime.” Elliott v. State, 786 N.E.2d 799, 803 (Ind. Ct. App. 2003) (citing Kiefer v. State, 761 N.E.2d 802, 805 (Ind. 2002)). The intent to kill may also be inferred from the use of a deadly weapon in a manner likely to cause death or great bodily injury. Id.
    Here, the State presented evidence that Gall kicked in the door to his father’s locked bedroom and retrieved an AK-47-style semi-automatic rifle from among the guns in his father’s gun cabinet. Tr. pp. 249-50, 455. Gall then went out onto the front porch and repeatedly fired the weapon. Tr. pp. 108-09, 281-82, 464-68. Gall claims that he intended only to make Campbell leave the premises. However, the evidence presented indicates that by the time Gall went out onto the front porch and began shooting, Campbell was already in his car, had driven to a neighbor’s home, and was driving away. Tr. pp. 61, 71-72, 107-08, 148, 158. Moreover, after firing several warning shots in the air, Gall continued firing and struck Campbell’s car several times. Tr. pp. 113, 463-64. One of the bullets struck H.S., who was sitting directly behind Campbell in the car. Tr. pp. 61, 105-06. Under these facts and circumstances, sufficient evidence supported Gall’s conviction of attempted murder.