Johann Schmidt v. State of Indiana

OPINION

BAKER, Judge.

In this interlocutory appeal, appellant-defendant Johann Schmidt appeals the trial court’s denial of his motion to dismiss two counts of Theft, 1 a class C felony, that were filed in Howard County. Schmidt contends that those charges were part of an earlier investigation in Miami County and that he was previously subjected to prosecution in Miami County on those charges. Thus, Schmidt maintains that the Howard County charges must be dismissed in accordance with the Successive Prosecution Statute, Indiana Code section 35-41-4-4.

The record shows that the Howard County…