State v. Gillespie

While I concur in the Majority Opinion, I wish to clarify my position in so doing. The error in the dismissal of the information arose, I believe, out of the trial court’s misapprehension of the proper function of the hearing regarding a motion to dismiss an information.1

Gillespie was charged by information with “attempted dealing” under IC 35-41— 5 — 1(a), which provides:

“A person attempts to commit a crime when, acting with the culpability required for commission of the crime, he engages in conduct that constitutes a substantial step toward commission of the crime;” . . .

and IC 35-48-4r-2,…