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STATE v. WIGGINS

No. 34A02-9505-CR-248.

661 N.E.2d 878 (1996)

STATE of Indiana, Appellant-Plaintiff Below, v. Sebastian WIGGINS, Appellee-Defendant Below.

Court of Appeals of Indiana.

February 22, 1996.

Attorney(s) appearing for the Case

Pamela Carter, Attorney General, Janet L. Parsanko, Deputy Attorney General, Indianapolis, for Appellant.

Caroline B. Briggs, Flora, for Appellee.

OPINION

ROBERTSON, Judge.

The State of Indiana appeals the trial court's dismissal of a charge of Conspiracy to Commit Dealing in Cocaine against Sebastian Wiggins. The dispositive issue which requires that we affirm may be restated as:

whether the trial court had the authority under Ind.Code 35-34-1-10(c) (or the duty under Ind.Code 35-41-4-4) to dismiss an information for an offense which could (or should) have been joined for trial with other...

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