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SMITH v. STATE

No. 15A05-1208-CR-411.

993 N.E.2d 1182 (2013)

Jerry A. SMITH, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

September 13, 2013.

Attorney(s) appearing for the Case

Robert W. Hammerle,   Kathryn Dinardo, Hammerle Law Office, Indianapolis, IN, Victoria L. Bailey, Beech Grove, IN, Attorneys for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Ellen H. Meilaender, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

KIRSCH, Judge.

Jerry A. Smith ("Smith") brings this interlocutory appeal from the trial court's order denying his motion to dismiss the charges against him. Smith contends that further prosecution in state court after his plea of guilty to charges of federal conspiracy to commit mail and wire fraud is barred by statutory double jeopardy principles.

We affirm in part, reverse in part and remand.

FACTS AND PROCEDURAL HISTORY

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