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STATE v. HELTON

No. 02A03-0508-CR-384.

837 N.E.2d 1040 (2005)

STATE of Indiana, Appellant-Plaintiff, v. Raphael M. HELTON, Appellee-Defendant.

Court of Appeals of Indiana.

November 30, 2005.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Cynthia L. Ploughe, Deputy Attorney General, Indianapolis, for Appellant.

Randall J. Hammond, Deputy Public Defender, Fort Wayne, for Appellee.

OPINION

MAY, Judge.

The State charged Raphael M. Helton with Class D felony battery. Helton moved to dismiss the charge on the ground the complaining witness had recanted and there was no other admissible evidence Helton committed battery. The trial court granted his motion. The single issue the State raises on appeal is whether the trial court had the authority to dismiss a charge prior to trial because the victim recanted her initial statements to police...

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