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FOR PUBLICATION
ATTORNEY FOR APPELLANT: STEVEN C. LITZ Monrovia, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana KARL M. SCHARNBERG Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

Dec 31 2009, 10:33 am

IN THE COURT OF APPEALS OF INDIANA
ALAN HOOVER, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 55A05-0907-CR-423

APPEAL FROM THE MORGAN CIRCUIT COURT The Honorable Matthew Hanson, Judge Cause No. 55C01-0810-MR-371

December 31, 2009 OPINION - FOR PUBLICATION VAIDIK, Judge

Case Summary Alan Hoover was charged with murder, felony murder, and Class A felony robbery. Robbery was the predicate offense for the alleged felony murder. A jury acquitted Hoover of murder, deadlocked on felony murder, and convicted him of robbery. Indianas double jeopardy statutes bar retrial for the same offense if "the former prosecution resulted in an acquittal or a conviction of the defendant (A conviction of an included offense constitutes an acquittal of the greater offense, even if the conviction is subsequently set aside.) . . . ." Ind. Code

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