State v. Watts

MAIN, Judge.

The State appeals the trial court’s pretrial dismissal of the two charges against Brandon 1 Clifford Watts: breaking and entering a motor vehicle, a violation of § 13A-8-ll(b), Ala.Code 1975, and third-degree theft, a violation of § 18A-8-5, Ala. Code 1975.

The record indicates that when the trial court proceeded to call the present case for trial, the following transpired:

“THE COURT: All right. Mr. Brandon Watts. Is he here?

“[PROSECUTOR]: Your Honor, they told me they could be here—

“THE COURT: No, no, no. I told you the case — we’re going to try the case at 2.

“[PROSECUTOR]: Your…