State v. Scharich

PETERSON, Judge.

The State appeals an order dismissing the charge of Driving Under the Influence (DUI) against Jody L. Scharich. We reverse.

Although Scharich appeared for the trial of her DUI charge, she absconded after the jury was sworn. The trial court continued the trial for two and one-half hours in order to afford defense counsel an opportunity to find his client. Reconvening the court, the trial judge asked defense counsel if he was ready to proceed. The only answer and comment was: “Well, I guess not. I am, but Ms. Scharich is not here.”

The trial court then, sua sponte, declared a…