People v. Birmingham

This is an appeal from an order of the trial court entered in response to an order of *385this Court to file a transcript or settle a record within 60 days of this Court’s order.

The transcript was not filed nor was a record settled within the time specified. Thereupon, on November 14, 1973, the trial court entered an order vacating the plea-based conviction and granting a new trial. The plea had been entered some 12 years earlier. Understandably, the prosecuting attorney two days later on November 16, 1973, filed a motion to dismiss the charge.

On the same day the trial court granted the motion to…