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STATE v. ALLEN

No. 61A04-0309-CR-473.

809 N.E.2d 845 (2004)

STATE of Indiana, Appellant-Plaintiff, v. Theodore L. ALLEN, Appellee-Defendant.

Court of Appeals of Indiana.

Transfer Denied September 10, 2004.

Attorney(s) appearing for the Case

Stephen R. Carter, Attorney General of Indiana, Monika Prekopa Talbot, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Adam N. Cook, Terre Haute, IN, Attorney for Appellee.

OPINION

HOFFMAN, Senior Judge.

Plaintiff-Appellant State of Indiana ("the State") appeals from the trial court's order granting Defendant-Appellee Theodore L. Allen's ("Defendant") motion to dismiss the notice of probation violation.

On April 30, 1999, the State charged Defendant with Count I, Maintaining a Common Nuisance, a Class D felony; Count II, possession of marijuana, a Class D felony, and Count III, possession of paraphernalia, a Class A...

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