State Ex Rel. Garrett v. Gagne

I respectfully dissent as to that part of the principal opinion which authorizes the circuit court, in an appeal from a municipal court conviction, to dismiss the appeal and remand to the municipal court for execution of the municipal court judgment and sentence. The principal opinion holds that the circuit court may, on a discretionary basis, either issue a capias and have the defendant brought before it for trial of the cause or dismiss the appeal and remand to municipal court for execution of the sentence because of the failure of the defendant to appear for trial in the circuit court.

In…