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STATE v. DELPH

No. 48A02-0703-CR-279.

875 N.E.2d 416 (2007)

STATE of Indiana, Appellant-Plaintiff, v. Rex David DELPH, Appellee-Defendant.

Court of Appeals of Indiana.

October 26, 2007.

Attorney(s) appearing for the Case

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

Joseph M. Cleary, Hammerle Allen & Cleary, Indianapolis, IN, Attorney for Appellee.

OPINION

BRADFORD, Judge.

Appellant-Plaintiff the State of Indiana appeals from the trial court's discharge of Rex David Delph, who had been charged with two counts of murder, one count of Class A felony arson, and two counts of felony murder, pursuant to Indiana Rule of Criminal Procedure 4(C). The State raises one issue for review, and Delph raises one, which we restate as follows:

I. whether the trial court properly charged the State with 221...

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