State v. Honeycutt

LAURA DENVIR STITH, Judge.

The trial court dismissed the state’s charge that defendant Benjamin Honey-cutt drove on the wrong side of the road for failure to prosecute. The state appeals, arguing that under section 545.780, RSMo 2000, 1 a court can dismiss an information or indictment only if there has been a violation of the accused’s right to speedy trial and, further, that a dismissal in any other circumstance would impermis-sibly interfere with prosecutorial discretion. This Court disagrees. Section 545.780 has no application where, as here, defendant has not invoked the right to speedy…