State v. Mason, Craig

OPINION

Opinion By

Justice MORRIS.

The trial court in this case denied the State’s first motion for continuance on the day Craig Mason’s trial for driving while intoxicated was set to begin. After the trial court denied its motion for continuance, the State filed a motion to dismiss the case without prejudice. The trial court, over the State’s objection, dismissed the case with prejudice. The State contends on appeal that the trial court had no authority to dismiss the prosecution with prejudice without the State’s consent. We modify the trial court’s order to delete the “with prejudice”…