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STATE v. THOMPSON

No. 02A03-9705-CR-149.

687 N.E.2d 225 (1997)

STATE of Indiana, Appellant-Plaintiff, v. Dana A. THOMPSON, Appellee Defendant.

Court of Appeals of Indiana.

November 5, 1997.

Attorney(s) appearing for the Case

Jeffrey A. Modisett, Attorney General, Katherine L. Modesitt, Deputy Attorney General, Indianapolis, for Appellant-Plaintiff.

Nicole T.T. Jaubert, Deputy Public Defender, Fort Wayne, for Appellee-Defendant.

OPINION

GARRARD, Judge.

On February 3, 1995, the State filed a Verified Petition for Revocation of Probation against Dana Thompson ("Thompson"). The trial court, on January 8, 1997, sua sponte dismissed the State's petition for revocation of probation based on the State's untimely request to have the defendant returned from Minnesota. The State appeals, arguing that the trial court erred in dismissing the petition. We reverse.

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