State v. Granados

OPINION

KLEINSCHMIDT, Judge.

The state appeals from the trial court’s order dismissing with prejudice a charge of sexual conduct with a minor. We vacate the trial court’s order because the record does not support a finding that the interests of justice require a dismissal with prejudice.

In August 1989, the defendant was indicted and charged with three counts of sexual conduct with a minor, his daughter. In November 1989, on the day set for trial, the state moved to dismiss the charges without prejudice. The trial court granted the state’s motion and gave the state sixty days to refile the…