State v. Wilson

On Application for Rehearing

The opinion issued September 30, 2005, is withdrawn and the following opinion is substituted therefor.

The State appeals from the circuit court's order granting a motion to dismiss Count I of the indictment against the appellee, Michael Ivan Wilson.

The appellee was indicted for second-degree unlawful manufacture of a controlled substance and unlawful possession of a controlled substance. He filed a "Motion to Dismiss Count I of Indictment," which charged him with second-degree unlawful manufacture of a controlled substance. On May 5, 2005, the circuit court entered…