State v. Rowland

The state appeals an order dismissing with prejudice a charge of driving under the influence of intoxicants (DUII). Defendant was charged by information with DUII and reckless driving. Defendant entered a diversion program, and the state dismissed the reckless driving charge. Before the diversion period ended, defendant moved for an extension of the diversion period, which the court granted. The trial court subsequently held a hearing on an order to show cause why defendant’s diversion should not be terminated and a conviction entered. Over the state’s objection, the trial court dismissed the…