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STATE v. JOYNER

No. 4-585A143.

482 N.E.2d 1377 (1985)

STATE of Indiana, Appellant (Plaintiff below), v. Lawrence C. JOYNER, Appellee (Defendant below).

Court of Appeals of Indiana, Fourth District.

October 1, 1985.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellant.

Susan K. Carpenter, Public Defender of Indiana, June D. Oldham, Deputy Public Defender, Indianapolis, for appellee.

MILLER, Judge.

The State of Indiana appeals from an adverse ruling whereby the trial court granted its Motion to Dismiss but did so with prejudice. The state contends the dismissal should have been without prejudice.

The relevant facts are that on April 24, 1984, Defendant Lawrence L. Joyner was charged by information with Battery, which was denominated as a class D felony. On the day trial was scheduled to begin, November 1, 1984, the prosecution tendered...

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