State v. Garcia

OPINION

KLEINSCHMIDT, Judge.

The defendant was charged with conspiracy to possess a narcotic drug for sale. Within two months of the defendant’s arrest, the state filed a motion to dismiss the charge. At the hearing on the motion, the state’s attorney failed to appear. The judge did not hear argument on the motion and observed on the record that he had not reviewed the defendant’s response to the motion. The judge nonetheless ordered the case dismissed without prejudice, provided that after ninety days the dismissal would be with prejudice unless the state convinced the court that it should be…