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HEAD v. STATE

No. 45A05-9601-CR-40.

683 N.E.2d 1336 (1997)

Gordon Lyle HEAD, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

August 5, 1997.

Attorney(s) appearing for the Case

Marce Gonzalez, Jr., Merrillville, for Appellant-Defendant.

Pamela Carter, Attorney General, Christopher L. Lafuse, Deputy Attorney General, Indianapolis, for Appellee-Plaintiff.

OPINION

BARTEAU, Judge.

Gordon Head appeals his convictions following a jury trial for two counts of violating the Environmental Management Act, a Class D felony. He raises the following issues:

1. Whether Head's convictions violate the Fifth Amendment prohibition against Double Jeopardy because he had already been punished for the underlying acts in a separate civil suit for injunctive relief which included a monetary "cure penalty"?

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