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MOORE v. STATE

No. 48A04-9711-CR-473.

698 N.E.2d 1203 (1998)

Thomas O. MOORE, Appellant-Defendant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana.

Transfer Denied September 22, 1998.

Attorney(s) appearing for the Case

H. Erskine Cherry, Anderson, Patrick R. Ragains, Smith, Ragains & Cotton, Anderson, for Appellant-Defendant.

Jeffrey A. Modisett, Attorney General, Priscilla J. Fossum, Deputy Attorney General, Indianapolis, for Appellee.

OPINION

SULLIVAN, Judge.

Appellant, Thomas O. Moore (Moore), by this interlocutory appeal challenges the denial of his motion to dismiss the charge of Attempted Criminal Deviate Conduct.

We affirm.

The interlocutory appeal presents one issue, which we restate as follows:

Whether double jeopardy considerations preclude retrial upon the charge of Count I, Attempted Criminal Deviate Conduct, in light of his conviction upon Count II...

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