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STATE v. LYNN

No. 49A02-9304-CR-170.

625 N.E.2d 499 (1993)

STATE of Indiana, Appellant-Plaintiff, v. Roger M. LYNN, Appellee-Defendant.

Court of Appeals of Indiana, Second District.

December 14, 1993.

Attorney(s) appearing for the Case

Pamela Carter, Atty. Gen., Lisa M. Paunicka, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellant-plaintiff.

D. Michael Bowman, Michael A. Ksenak, Bowman & Ksenak, Indianapolis, for appellee-defendant.

SHIELDS, Judge.

This appeal presents the question whether the State is barred from filing a criminal charge against a defendant after it has failed to appeal the prior dismissal with prejudice of the same charge. It is.

FACTS

On January 11, 1992, Roger M. Lynn was charged with failure to stop after an accident,1 a class C misdemeanor. On the day his trial was scheduled...

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