Opinion
Nos. Supreme Court Cause No. 49S04-0310-CR-464, Court of Appeals Cause No. 49A04-0212-CR-594.
Filed December 10, 2003.
ORDER
By order dated October 23, 2003, the Court granted a petition seeking transfer of jurisdiction from the Court of Appeals, thus vacating the opinion reported as Rust v. State, 792 N.E.2d 616 (Ind.Ct.App. 2003). See Ind. Appellate Rule 58(A). After conducting oral argument on December 9, 2003, we have concluded that transfer of jurisdiction was improvidently granted. We now vacate our prior order granting transfer. The State of Indiana's petition to transfer jurisdiction is denied.
The Clerk is directed to send copies of this order to West Publishing, to Lexis/Nexis, and to all counsel of record.
Done at Indianapolis, Indiana this 10th day of December, 2003.
All Justices concur.