State v. Busch

We hold that a trial court has the discretion to sua sponte dismiss a criminal case over the objection of the prosecution where the complaining witness does not wish for the case to proceed.

We need look no further than Crim.R. 48(B) for authority for trial judges to dismiss criminal actions sua sponte. The rule reads:

“Dismissal by the court. If the court over objection of the state dismisses an indictment, information, or complaint, it shall state on the record its findings of fact and reasons for the dismissal.”

Crim.R. 48(B) recognizes by implication that trial judges may sua sponte dismiss…