State v. Hunter

OPINION

SCOTT, Judge.

The state sought and was granted an extraordinary appeal pursuant to Rule 10(a)(2), T.R.A.P. The question presented is whether the trial court erred by denying the state’s motion to compel preparation of a transcript at state expense.

The appellee was charged in a two count indictment with driving under the influence of an intoxicant and driving without a driver’s license. The appellee’s counsel moved to dismiss the indictment because it was based upon a warrantless arrest for a misdemeanor committed outside the presence of the officer. The trial judge granted the motion…