State v. Dixon

OPINION

BRADFORD, Judge.

Appellant-Plaintiff, the State of Indiana, appeals the trial court's order granting Appellee-Defendant Ollie Dixon, Sr., his motion to dismiss a criminal recklessness indictment on the grounds that it was barred under Indiana's successive prosecution statute, Indiana Code section 35-41-4-4 (2008). Upon appeal, the State argues that section 35-41-4-4 does not operate to bar prosecution under these facts. We reverse and remand.

FACTS AND PROCEDURAL HISTORY

On March 28, 2009, Anderson Police Department officers arrested Dixon for Class A misdemeanor operating a motor vehicle…