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STATE v. BARKER

No. 49S00-0308-DP-392.

809 N.E.2d 312 (2004)

STATE of Indiana, Appellant (Plaintiff below), v. Charles E. BARKER, Appellee (Defendant below).

Supreme Court of Indiana.

May 25, 2004.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Stephen R. Creason, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Monica Foster, Foster & Long-Sharp, Brent Westerfeld, Indianapolis, IN, Attorneys for Appellee.

DICKSON, Justice.

This is an interlocutory appeal of a trial court order dismissing the State's request for the death penalty and ordering a sentencing proceeding where a term of years is the only option. We reverse and remand for reinstatement of the death penalty request.

The defendant, Charles E. Barker, was convicted of two counts of murder and one count each of kidnapping, confinement, burglary, and carrying...

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