Jerry A. Smith v. State of Indiana

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

The factual background of this appeal largely mirrors the facts we have set forth in another case against Smith, which we also dispose of today. See Smith v. State, No.…