State v. M.J.B.

COBB, Judge.

M.J.B., a juvenile, was charged with petit theft, and the trial date was set for June 7, 1990. At the time of trial (before jeopardy attached) the state moved for a continuance, the motion was denied, and the state announced a nol pros. At that point, defense counsel asserted that the nol pros was a “sleazy tactic” and that the case should be dismissed by the court due to the state’s “failure to present evidence of delinquency.” The state attorney argued that, since the case was nol prossed, it was no longer before the court for further action. Nevertheless, the trial court…