Rolax v. State

HALL, Judge.

Edward Rolax seeks certiorari review of a circuit court order dismissing his appeal from county court as untimely. Under the circumstances of this case the dismissal was error, and therefore, the petition is granted.

The state filed an information in the county court charging Rolax with theft of utility services. Rolax filed a motion to dismiss the information, and on November 21, 1986, the court denied the motion. Ro-lax thereupon entered a plea of no contest, specifically reserving the right to appeal the denial of his motion to dismiss. The county court adjudicated Rolax guilty…