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STATE v. BOZE

No. 3-1284A354.

482 N.E.2d 276 (1985)

STATE of Indiana, Appellant (Plaintiff below), v. Edgar BOZE, Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

Rehearing Denied October 7, 1985.

Transfer Denied January 6, 1986.

Attorney(s) appearing for the Case

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

James V. Tsoutsouris, Public Defender, Porter County by James A. Johnson, Chief Deputy, Portage, for appellee.

STATON, Presiding Judge.

The State appeals the trial court's dismissal of a charge of attempted murder levied against Boze. The issue presented for review is:

Whether the trial court's dismissal, based on a defense of double jeopardy to a charge of attempted murder was proper when the defendant pled guilty to battery immediately before moving for dismissal of the attempted murder charge?

Reversed.

Officer Gonzalez was attacked by Boze with...

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