State v. Taylor

We are asked to decide whether in a criminal case, an ex parte order of dismissal without prejudice is reviewable. We hold that a dismissal without prejudice is not a final judgment under RAP 2.2 and that, because Taylor is not an aggrieved party under RAP 3.1, he cannot seek discretionary review under RAP 2.3. We affirm.

Taylor was charged with unlawful manufacture of a controlled substance. RCW 69.50.401(a)(l)(ii). Before Taylor’s case reached trial, the State moved for dismissal because a witness was unavailable. Taylor was out of custody when the State dismissed, and 26 days of speedy…