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STATE v. KLEIN

No. 49A02-9802-CR-105.

702 N.E.2d 771 (1998)

STATE of Indiana, Appellant-Plaintiff, v. Joseph W. KLEIN, Appellee-Defendant.

Court of Appeals of Indiana.

December 10, 1998.

Attorney(s) appearing for the Case

Jeffrey A. Modisett, Attorney General, Rosemary Borek, Deputy Attorney General, Indianapolis, for Appellant-Plaintiff.

Robert W. Hammerle, Joseph M. Cleary, Hammerle Foster Allen & Long-Sharp, Indianapolis, for Appellee-Defendant.

OPINION

KIRSCH, Judge.

The State appeals the dismissal with prejudice of various charges it filed, dismissed, and then refiled against Joseph Klein. The issues presented are:

I. Whether principles of double jeopardy preclude the criminal prosecution of Klein following the State's civil forfeiture of Klein's automobile on the basis that he used the automobile to escape from the commission of some of the charged offenses.

II. Whether the State...

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