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ISAAC v. STATE

No. 85S02-9212-CR-1025.

605 N.E.2d 144 (1992)

Lonnie ISAAC, Appellant (Defendant below), v. STATE of Indiana and Wabash County Probation Department, Dallas Duggan, in His Capacity As Chief Probation Officer, Appellees (Plaintiffs below).

Supreme Court of Indiana.

December 23, 1992.

Attorney(s) appearing for the Case

Alan J. Zimmerman, Wabash, for appellant.

Mary Nold Larimore, Ice Miller Donadio & Ryan, Indianapolis, for appellees.

SHEPARD, Chief Justice.

Appellant Lonnie Isaac's probation officer reported that he had failed to keep the scheduled appointments which were a condition of his probation. A petition to revoke probation was initiated, but the prosecutor moved to dismiss it and declined to present evidence. Isaac contends the trial court erred by denying the motion to dismiss and proceeding to question the probation officer. We grant transfer and hold otherwise.

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