State v. L.E.

The state appeals the trial court’s sua sponte dismissal of its grand theft ease against the appellee, L.E., following the failure of a state witness to appear pursuant a show cause order. We reverse.

After one of the state’s witnesses in this cause, Luis Arce, failed to appear for his deposition, an order to show cause was issued requiring Mr. Arce to appear before the court to explain why he should not be declared in contempt of court. When Mr. Arce failed to appear at the time noticed, counsel for L.E. moved to excuse him as a witness. The state asked the court to wait and explained that it…