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STATE v. MONTGOMERY

No. 58A01-0806-CR-273.

907 N.E.2d 1057 (2009)

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

Court of Appeals of Indiana.

June 16, 2009.

Attorney(s) appearing for the Case

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

Merritt K. Alcorn, Alcorn Goering & Sage, Madison, IN, Attorney for Appellee.

OPINION ON REHEARING

BROWN, Judge.

The State and Montgomery both petition for rehearing of a published opinion in which we found that discharge of Montgomery's case was not proper under Ind. Crim. Rule 4(C) or his constitutional speedy trial right. State v. Montgomery, 901 N.E.2d 515, 519, 522 (Ind.Ct.App. 2009). However, we also held that, "[i]n light of the State's pattern of failure in complying with Montgomery...

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