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STATE v. NIKOLAENKO

No. 02A05-9701-CR-5.

687 N.E.2d 581 (1997)

STATE of Indiana, Appellant, v. Peter NIKOLAENKO, Appellee.

Court of Appeals of Indiana.

October 31, 1997.

Attorney(s) appearing for the Case

Jeffrey A. Modisett, Attorney General, Priscilla J. Fossum, Deputy Attorney General, Indianapolis, for Appellant.

Michelle M. Fennessy, Schenkel Tirpak & Kowalczyk, Fort Wayne, for Appellee.

OPINION

SHARPNACK, Chief Judge.

The State appeals the trial court's granting of Peter Nikolaenko's motion to dismiss. The State raises one issue for our review which we expand and restate as:

(1) whether the trial court properly granted Nikolaenko's motion to dismiss; and

(2) whether the State is barred from pursuing the same charges against Nikolaenko in a retrial.

We reverse and remand.

The facts most favorable to Nikolaenko...

Let's get started

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