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STATE v. DIXON

No. 48A05-1001-CR-30.

924 N.E.2d 1270 (2010)

STATE of Indiana, Appellant-Plaintiff, v. Ollie H. DIXON, Sr., Appellee-Defendant.

Court of Appeals of Indiana.

April 14, 2010.

Attorney(s) appearing for the Case

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

David W. Stone IV, Anderson, IN, Attorney for Appellee.

OPINION

BRADFORD, Judge.

Appellant-Plaintiff, the State of Indiana, appeals the trial court's order granting Appellee-Defendant Ollie Dixon, Sr., his motion to dismiss a criminal recklessness indictment on the grounds that it was barred under Indiana's successive prosecution statute, Indiana Code section 35-41-4-4 (2008). Upon appeal, the State argues that section 35-41-4-4 does not operate to bar prosecution under these facts. We reverse and remand.

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