State v. Montgomery

OPINION

BROWN, Judge.

The State of Indiana appeals the trial court's grant of Robin Montgomery's motion for discharge. The State raises two issues, which we revise and restate as whether the trial court erred when it granted the motion. We remand.

The relevant facts follow. On May 22, 2001, a grand jury indicted Montgomery on two counts of arson and one count of fraud. Montgomery v. State, 804 N.E.2d 1217, 1220 (Ind.Ct.App.2004), reh'g denied, trans. denied. On December 23, 2002, a jury found Montgomery guilty as charged, and the trial court sentenced him to twelve years with six years…