Swenson v. State

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Michael Swenson brings this interlocutory appeal from the trial court’s denial of his motion to dismiss pursuant to Indiana Code Section 35-41-4-5 (“double jeopardy statute”). Swenson raises a single issue for our review, namely, whether the trial court erred in determining that the State’s charge of Theft was not barred by a former prosecution in the Commonwealth of Kentucky for Receipt of Stolen Property.

We reverse.

FACTS AND PROCEDURAL HISTORY

In 2004, Swenson, a medical doctor, stole blank prescription forms from his treating physician, Dr. Asad…