State v. Juan Villar

¶ 1. This case addresses whether the government may dismiss an indictment or information pursuant to Vermont Rule of Criminal Procedure 48(a) while the case is pending on appeal. We conclude that it may. Accordingly, we hold that the trial court erred in denying the state's attorney's notice of dismissal. Pursuant to Rule 48(a), we vacate the conviction and dismiss the underlying charges.

¶ 2. In 2015, a jury found defendant guilty of operating a motor vehicle on a public highway while under the influence of intoxicating liquor, in violation of 23 V.S.A. § 1201(a)(2). The trial court sentenced…