State v. Koerber

The dispositive issue in this case is whether a trial judge abuses discretion by dismissing a criminal prosecution without a showing of prejudice to the defendant or evidence of governmental misconduct. The State appeals the trial court’s dismissal of the charge against Quincy Koerber for a violation of the Uniform Controlled Substance Act (VUCSA). We hold that the trial *3court abused its discretion by resorting to the extraordinary remedy of dismissing a criminal charge without first considering intermediate and less drastic remedial steps. We reverse the trial court and remand for…