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JARAMILLO v. STATE

No. 76S03-0503-CR-93.

823 N.E.2d 1187 (2005)

Valentin JARAMILLO, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

March 11, 2005.

Attorney(s) appearing for the Case

John Pinnow, Special Assistant to the Public Defender of Indiana, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Christopher C.T. Stephen, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 76A03-0306-CR-209.

SULLIVAN, Justice.

At issue in this appeal is whether the Double Jeopardy Clause of the U.S. Constitution bars re-trial of a habitual offender enhancement set aside on appeal for insufficient evidence. Although this Court has often held that it does, we conclude that those holdings are no longer good law in light of Monge v. California...

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