State v. Barlow

SHIELDS, Judge.

The State of Indiana appeals from an order of the trial court granting Barlow’s motion to dismiss an information charging conspiracy to commit a felony, to wit: second degree burglary.

The facts that gave rise to this appeal are as follows: On September 23,1976 an information was filed charging Barlow with conspiracy to commit second degree burglary. Barlow, on October 6, 1976, filed a Petition for Election of Treatment as a drug abuser pursuant to IC 16-13-6.1-16 (Burns Code Ed., Supp.1976) alleging that he was an abuser of alcohol. On October 26, 1976 the trial court conducted…