JOHNSON v. STATE

No. 82A01-0309-CR-366.

810 N.E.2d 772 (2004)

Dale E. JOHNSON, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Transfer Denied September 9, 2004.


Attorney(s) appearing for the Case

Jon Aarstad, Vanderburgh County Public Defender Agency, Evansville, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Daniel Jason Kopp, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

The State charged Dale Johnson with Burglary, as a Class A felony, approximately thirteen years after the alleged offense occurred. Johnson moved the trial court to dismiss the charge alleging that the State's delay in filing it violated his right to due process under the Fifth Amendment to the United States Constitution. Following a hearing, the trial court denied Johnson's motion to dismiss, and Johnson...

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