ALLEN v. STATE

No. 15A04-1101-CR-16.

956 N.E.2d 195 (2011)

Dustin T. ALLEN, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

October 26, 2011.


Attorney(s) appearing for the Case

Francis J. Cardis , Lawrenceburg, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Ian McLean , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


OPINION

BRADFORD, Judge.

Appellant-Defendant Dustin T. Allen brings this interlocutory appeal, claiming that the trial court abused its discretion in denying his motion to dismiss. Allen argues that the dismissal of criminal charges was warranted because he was improperly subjected to a successive prosecution which was prohibited under Indiana Code section 35-41-4-4 ("the Successive Prosecution Statute"). Concluding that prosecuting

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