STATE v. ERLEWEIN

No. 21A01-0101-CR-00003.

755 N.E.2d 700 (2001)

STATE of Indiana, Appellant-Plaintiff, v. Billie J. ERLEWEIN, Appellee-Defendant.

Court of Appeals of Indiana.

September 26, 2001.


Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Christopher L. Lafuse, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Thomas M. Thompson, Smith & Thompson, Connersville, IN, Attorney for Appellee.


OPINION

ROBB, Judge.

The State appeals the trial court's order barring retrial of Billie J. Erlewein for battery, a Class A misdemeanor. We reverse.

Issues

The State raises the following restated issue for our review: whether principles of double jeopardy or Rule 4(C) of the Indiana Rules of Criminal Procedure preclude the State from retrying Erlewein for battery, a Class A misdemeanor.

Facts and Procedural History

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