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STATE v. MONTGOMERY

No. 58A01-0806-CR-273.

901 N.E.2d 515 (2009)

STATE of Indiana, Appellant-Plaintiff, v. Robin MONTGOMERY, Appellee-Defendant.

Court of Appeals of Indiana.

February 16, 2009.

Attorney(s) appearing for the Case

Alison T. Frazier, Madison, IN, Attorney for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Cynthia L. Ploughe, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BROWN, Judge.

The State of Indiana appeals the trial court's grant of Robin Montgomery's motion for discharge. The State raises two issues, which we revise and restate as whether the trial court erred when it granted the motion. We remand.

The relevant facts follow. On May 22, 2001, a grand jury indicted Montgomery on two counts of arson and one count of fraud. Montgomery v. State, 804 N.E.2d 1217

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