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STATE v. MONTICELLO DEVELOPERS, INC.

No. 18S02-8711-CR-1099.

515 N.E.2d 1070 (1987)

STATE of Indiana, Appellant (Plaintiff below), v. MONTICELLO DEVELOPERS, INC., d/b/a Pro Care Development Center, Appellee (Defendant below).

Supreme Court of Indiana.

November 25, 1987.

Attorney(s) appearing for the Case

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

Marcus C. Emery, Bowman, Tucker & Emery, Nancy L. Broyles, McClure, McClure & Kammen, Indianapolis, for appellee.

SHEPARD, Chief Justice.

The question is whether granting a defendant judgment on the evidence after a jury has found him guilty precludes re-entry of a conviction after an appellate decision that the motion was wrongly granted. We conclude that doing so is prohibited by double jeopardy.

The State charged appellee Monticello Developers, Inc., with neglecting a dependent, as a class D felony, Ind. Code § 35-46-1-4 (Burns 1982 Supp.). A jury found Monticello...

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