State v. Soles

FRANK, Chief Judge.

The state has appealed from an order dismissing the information entered following the denial of the state’s request for a continuance. The state sought the continuance to allow it to arrange for the victim to return from Minnesota to testify at trial. The state’s request came on the date trial was scheduled to begin. At that point, Soles had already received four continuances and had waived speedy trial. In an effort to move the case along, the trial judge asked the state to commence prosecution with the available evidence, but the state pressed to have the case set later…