State v. Lynn

SHIELDS, Judge.

This appeal presents the question whether the State is barred from filing a criminal charge against a defendant after it has failed to appeal the prior dismissal with prejudice of the same charge. It is.

FACTS

On January 11, 1992, Roger M. Lynn was charged with failure to stop after an accident,1 a class C misdemeanor. On the day *500his trial was scheduled, the State filed a motion to dismiss the charge because a State's "Essential Civilian Witness [was] Not Present." Record at 17. Lynn objected on the grounds that his substantial rights would be prejudiced by the dismissal. The…