BANKS, Justice, for the Court:
I
In this interlocutory appeal we are asked to consider the propriety of the trial court's proceeding on remand on an indictment where the state has failed previously to present sufficient evidence to convict on the charge as stated in the indictment, and we have deemed substantive the state's amendment to the charge to fit the facts. The trial court denied a defense motion to dismiss grounded in a double jeopardy claim but...
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