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SCOTT v. STATE

No. 48A05-0603-CR-122.

859 N.E.2d 749 (2007)

Arthur SCOTT, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

January 10, 2007.

Attorney(s) appearing for the Case

Anthony C. Lawrence, Anderson, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, J.T. Whitehead, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Arthur Scott appeals his conviction of attempted battery by means of a deadly weapon, a class C felony.

We affirm.

ISSUE

Whether the actual evidence test of Indiana's Double Jeopardy Clause requires that Scott's conviction be reversed.

FACTS

On January 18, 2000, the State charged Scott with intimidation, a class D felony; resisting law...

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