State v. Bell

ORDER ON MOTION TO DISMISS APPEAL

HAZOURI, J.

After the state had presented its rebuttal witness, the trial court sua sponte dismissed charges against the appellee due to the lack of credibility of the state’s witnesses. The state is appealing that order arguing the trial court was without authority to dismiss the charges. Appellee has moved to dismiss on the ground that any error in dismissing the charges is moot because, having been placed in jeopardy, he cannot be retried. We grant the motion and dismiss the appeal.

Kevin Bell (Bell) was charged by information with robbery pursuant to…