State v. Joyner

MILLER, Judge.

The State of Indiana appeals from an adverse ruling whereby the trial court granted its Motion to Dismiss but did so with prejudice. The state contends the dismissal should have been without prejudice.

The relevant facts are that on April 24, 1984, Defendant Lawrence L. Joyner was charged by information with Battery, which was denominated as a class D felony. On the day trial was scheduled to begin, November 1, 1984, the prosecution tendered an amendment to the information. The defense objected and a hearing was then held on the Motion to Amend.

At the hearing the prosecution…