State v. Strok

OPINION

JOHNSON, Judge.

Evialina Strok was charged with gross-misdemeanor theft after she was observed stealing clothing from a department store. Before trial, the district court, over the state’s objection, continued the case for dismissal for one year. The state appeals. We conclude that the district court erred by continuing the case for dismissal over the prosecutor’s objection without finding that the prosecutor committed a clear abuse of the prosecutorial discretion in the exercise of the charging function. Therefore, we reverse and remand for further proceedings.

FACTS

On June 23, 2009,…