State v. Thomas

PARKER, Judge.

The state appeals the trial court’s order dismissing its case against appellee Thomas with prejudice.

The sole issue on appeal is whether the trial court erred in ordering the dismissal with prejudice to the state. We find that the dismissal was error and reverse.

*1092Sworn affidavits executed on December 24, 1986, and January 20 and 21, 1987, alleged that Thomas committed false imprisonment, battery, two counts of aggravated battery, burglary and criminal mischief. A preliminary hearing, scheduled for February 24, 1987, did not take place when the state failed to produce any…