State v. Smith

FENNER, Chief Judge.

Jason Smith was charged by amended information with trafficking in the second degree, § 558.011.1, RSMo 1994. Smith filed a motion to suppress on April 11, 1995, and a hearing was scheduled for May 11, 1995, at 9:80 a.m. The prosecutor did not appear until 10:06 a.m. after being called by the clerk of the court. He informed the court that his primary witness, the police officer who conducted the arrest, would arrive shortly. The court reprimanded the prosecutor for his tardiness and said:

Now, you’ve got two choices, take your pick. I’m going to sustain the motion for…