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HERRON v. STATE

No. 71A03-9912-CR-444

729 N.E.2d 1008 (2000)

Idette HERRON, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Transfer Denied September 1, 2000.

Attorney(s) appearing for the Case

Julie P. Verheye, Mishawaka, Indiana, Attorney for Appellant.

Karen M. Freeman-Wilson, Attorney General of Indiana, Eileen Euzen, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.

OPINION

MATHIAS, Judge

Idette Herron brings this interlocutory appeal from the trial court's denial of her motion to dismiss the State's criminal charge of neglect of a dependent. Herron presents one issue for our review, which we restate as: whether an unborn child is a dependent pursuant to IND.CODE § 35-46-1-4 (1998).

We reverse.

FACTS AND PROCEDURAL HISTORY

The State charged...

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