State v. Flock

SPINDEN, Judge.

The state appeals the circuit court’s judgment to dismiss, with prejudice, its case against Julie D. Flock for driving while intoxicated. The state contends that the circuit court erred in not allowing the state to enter a nolle prosequi. We agree.

The state charged Flock with driving while intoxicated in Randolph County. On September 3, 1997, the circuit court scheduled trial for October 8, 1997. On October 3, 1997, the prosecutor asked for a continuance because an essential witness was not available to testify on October 8. The circuit court overruled the motion. On October 8,…