State v. Yelton

EAGLES, Judge.

Petitioners contend the trial court erred in two respects: failing to dismiss the State’s motion when the State presented no evidence and issuing an order directing petitioners’ retained counsel to represent only one defendant. Though we disagree with appellants’ first contention, we agree that the trial court erred by ordering the petitioners’ counsel to represent but one defendant. Accordingly, we reverse.

r-¶

Petitioners first assign as error the trial court s denial of their motion to dismiss the State’s motion. Petitioners argue that since the State brought the motion before…