State v. Muse

The record presented on appeal fails to demonstrate that the operative information was ever properly filed before Muse’s trial was held, and such failure creates a jurisdictional defect which makes the trial court’s convictions and sentences void. Additionally, the majority’s holding creates potential speedy trial problems. For those reasons, I respectfully dissent and conclude that this court should reverse.

As the majority notes, the issue presented in this appeal is whether Muse’s convictions and sentences can be sustained based on the record presented. Muse argues that the second amended…