State v. Howell

OPINION

THOMAS, Justice.

The issue presented by this appeal is whether a trial court that suspects possible *238jury misconduct can dismiss a cause of action without the prosecutor’s consent. We hold a trial court does not have such authority. Accordingly, we reverse the trial court’s dismissal order.

PROCEDURAL BACKGROUND

Donnie Cleon Howell was charged by indictment with felony driving while intoxicated (DWI). He pleaded not guilty, and a jury trial began on April 23, 1992. The next day, Howell, outside the jury’s presence, offered to stipulate to two prior DWI convictions which were alleged for…