State v. Mesenbrink

I dissent both from the dismissal of the appeal and from the guidance given by the majority concerning the prima facie proof of a prior conviction where questions are raised about the constitutional validity of the conviction.

THE STATE WAS ENTITLED TO APPEAL THE TRIAL COURT’S RULING.

The majority dismisses the State’s appeal on the ground that at the time the trial court dismissed the felony charge, the defendant had been charged, a jury selected and seated, and proof introduced. To complete the statement of the posture of this case, it should also be noted that at the time the trial court…