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CUTO v. STATE

No. 49A02-9807-CR-609.

709 N.E.2d 356 (1999)

Fred CUTO, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

April 21, 1999.

Attorney(s) appearing for the Case

Annette K. Fancher, Office of Marion County Public Defender, Indianapolis, Indiana, Attorney for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, James A. Garrard, Deputy Attorney General Indianapolis, Indiana, Attorneys for Appellee.

OPINION

FRIEDLANDER, Judge.

In this interlocutory appeal, Fred Cuto raises five issues for review. As restated, the issues are:

1. Did the trial court properly interpret the Court of Appeals's decision which remanded for a new trial?

2. Does Ind.Code Ann. § 35-41-4-3 (West 1998), or do double jeopardy principles, bar reprosecution of the murder and felony murder charges?

3. If...

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