State v. Ciurleo

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

This is a pretrial appeal by the state from an order dismissing one count of the complaint. Respondent Christopher Ciur-leo has filed a motion to dismiss the appeal as taken from a nonappealable order. We grant the motion and dismiss the appeal.

PACTS

Ciurleo was charged with misdemeanor theft and obstructing legal process with force. Ciurleo moved to dismiss at least one of the counts for lack of probable cause. The state submitted probable cause based on the complaint and the police reports, and Ciurleo presented no testimony.

The trial court dismissed…