State v. Tipton

Jack Holt, Jr., Chief Justice.

The trial court dismissed with prejudice the second degree murder charge pending against appellee Gary D. Tipton because the State failed to bring Tipton to trial within the twelve-month period set forth in Ark. R. Crim. P. 28.1(c). The State attempts to appeal from the trial court’s order pursuant to Ark. R. Crim. P. 36.10, alleging that jurisdiction lies in this court under Ark. Sup. Ct. R. 29(l)(c). We find that under the circumstances the State has no right to appeal under Rule 36.10 and, therefore, we dismiss the appeal.

As a general rule, the State has no…