State v. Burns

JOHN C. HOLSTEIN, Judge.

On September 18, 1997, Dennis Burns (“defendant”) was charged by information with the class B felony of delivery of cocaine, in violation of section 195.211, RSMo 1994. The state failed to comply with a pre-trial order to produce a confidential informant who was a material witness in the case for an interview by defense counsel. In response, the trial judge sustained the defendant’s motion to dismiss on the morning trial was to commence. The trial judge indicated his order of dismissal was without prejudice. The state filed a notice of appeal. Following opinion by the…