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FASSINGER v. STATE

No. 64S04-9605-CR-372.

666 N.E.2d 58 (1996)

James A. FASSINGER, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

Supreme Court of Indiana.

May 22, 1996.

Attorney(s) appearing for the Case

Garrett V. Conover, Chesterton, John M. Vouga, Portage, for Appellant.

Pamela Carter, Attorney General, David A. Arthur, Deputy Attorney General, Indianapolis, for Appellee.

SHEPARD, Chief Justice.

Having assessed Indiana's drug tax against appellant James Fassinger and received some payment under the assessment, the State now seeks to try him for criminal possession of marijuana. Double jeopardy prevents it from doing so.

The prosecutor of Porter County charged appellant James Fassinger with three counts of delivery of marijuana, a class D felony, Ind.Code Ann. § 35-48-4-10 (West Supp. 1995), on December 15, 1993. The Indiana...

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