State v. Frazier

Houghton, A.C.J.

The State appeals a trial court’s dismissal of residential burglary charges against Jason Frazier for preaccusatorial delay, arguing that only an intentional delay can justify dismissal. Because our Supreme Court has held that negligence by the State can justify dismissal, and because the record amply supports the trial court’s determination that the State was negligent, and further, gave no credible justification for the delay, we aifirm the dismissal. The State also appeals the trial court’s denial of its motion for sanctions against defense counsel for refusing to agree to…