State v. Gatlin

¶32 I concur with the Court’s analysis and it’s holding that the charges against Gatlin must be dismissed. Opinion, ¶ 23. I dissent from the Court’s determination, however, that the charges not be dismissed with prejudice.

¶33 The Court holds in Issue 2 that Gatlin suffered no prejudice as a result of his inadequate initial appearance and the unreasonable delay *170in filing the Information. Opinion, ¶¶ 27-29. As a result, the Court holds that the Information should be dismissed without prejudice, thus giving the State the opportunity to re-file the charges and to take a second bite of the apple.…