State v. Helton

OPINION

MAY, Judge.

The State charged Raphael M. Helton with Class D felony battery. Helton moved to dismiss the charge on the ground the complaining witness had recanted and there was no other admissible evidence Helton committed battery. The trial court granted his motion. The single issue the State raises on appeal is whether the trial court had the authority to dismiss a charge prior to trial because the victim recanted her initial statements to police.

We reverse and remand.

FACTS AND PROCEDURAL HISTORY

On January 16, 2005, Barbara Helton told police Raphael had struck her with a closed fist…