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SWENSON v. STATE

No. 10A01-0609-CR-408.

868 N.E.2d 540 (2007)

Michael SWENSON, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 21, 2007.

Attorney(s) appearing for the Case

J. Bart McMahon, Louisville, KY, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Richard C. Webster, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Michael Swenson brings this interlocutory appeal from the trial court's denial of his motion to dismiss pursuant to Indiana Code Section 35-41-4-5 ("double jeopardy statute"). Swenson raises a single issue for our review, namely, whether the trial court erred in determining that the State's charge of Theft was not barred by a former prosecution in the Commonwealth of Kentucky for Receipt of Stolen Property...

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