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STATE v. MOORE

No. 79A02-9702-CR-115.

688 N.E.2d 917 (1997)

STATE of Indiana, Appellant-Plaintiff, v. Charles L. MOORE, Appellee.

Court of Appeals of Indiana.

December 9, 1997.

Attorney(s) appearing for the Case

Jeffrey A. Modisett, Attorney General, Priscilla J. Fossum, Deputy Attorney General, Indianapolis, for Appellant-Plaintiff.

Steven P. Meyer, Rosenthal, Greives, O'Bryan & Meyer, Lafayette, for Appellee.

OPINION

SULLIVAN, Judge

An interlocutory appeal filed by the State of Indiana challenges the dismissal of three counts of felony child nonsupport against Charles L. Moore. The trial court dismissed the charges because it found I.C. 35-46-1-5(a) (Burns Code Ed. Supp.1997) to be ambiguous.

We affirm.

Because the statute involved is penal, the State may only prevail if the plain language of the statute is clear. Ambiguities must be resolved...

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