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STATE v. PENWELL

No. 29A02-0704-CR-328.

875 N.E.2d 365 (2007)

STATE of Indiana, Appellant-Plaintiff, v. Christine PENWELL, Appellee-Defendant.

Court of Appeals of Indiana.

October 23, 2007.

Attorney(s) appearing for the Case

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

Bryan Lee Ciyou, Ciyou & Dixon, P.C., Indianapolis, IN, Attorney for Appellee.

OPINION

KIRSCH, Judge.

The State of Indiana appeals the trial court's order discharging Christine Penwell for violation of Indiana Criminal Rule 4(C) contending that the trial court erred in charging the delay resulting from a stay pending Penwell's petition for certiorari to the Supreme Court of the United States to the State. We agree.

We reverse and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

Penwell was charged...

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