State v. Vestal

MARTIN, Mark D., Judge.

The State of North Carolina appeals from order dismissing with prejudice the case against defendant charged with conspiracy to deliver marijuana.

*757At trial, after the jury had been empaneled and sworn, and subsequent to presentation of the State’s case, the trial court, sua sponte, dismissed the case against defendant with prejudice on the ground that the High Point Police Department had “violat[ed] a trial court order without court approval,” by using drugs in an undercover operation which had been forfeited in a prior case and were awaiting destruction.

As a preliminary…