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ROBERSON v. STATE

No. 48A02-0108-CR-504.

766 N.E.2d 1185 (2002)

Harry L. ROBERSON, III, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

April 26, 2002.

Attorney(s) appearing for the Case

David W. Stone, IV, Anderson, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Cecelia K. Hemphill, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

FRIEDLANDER, Judge.

Harry Roberson brings an interlocutory appeal of the trial court's denial of his motion to dismiss the charge of Possessing Material Capable of Causing Bodily Injury by Inmate, a class C felony.1 He presents the following restated issue for review: Did the State's failure to preserve the alleged dangerous device violate his due process rights?

We reverse.

On October 27, 2000, a shakedown...

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