Neff v. State

OPINION ON REHEARING

BARNES, Judge.

Dustin Neff petitions for rehearing following our decision in Neff v. State, 915 N.E.2d 1026 (Ind.Ct.App.2009). There, we held that, although the State failed to prove venue in Hamilton County for a charge of child solicitation, double jeopardy principles did not prohibit a retrial on that charge in Madison County. Id. at 1036-37. Neff challenges our double jeopardy conclusion. We issue this opinion on rehearing but affirm our original decision in all respects.

Neff observes that Indiana Code Section 35-32-2-5(a) states:

When it appears, at any time before…