State v. Sauve

Johnson, J:

In this appeal, we consider the scope of V.R.Cr.E 48(b)(2), which authorizes the trial court, in furtherance of justice, to dismiss a criminal prosecution with prejudice to the refiling of charges. In this case, the trial court dismissed sexual assault charges against defendant over the prosecutor’s objection after the jury failed to reach a verdict following a five-day trial. We conclude that the court abused its discretion in dismissing the case.

I

In May 1993, defendant was charged with sexual assault of a minor, Opal W, who was five or six years old at the time the assaults…