State v. T.D.

T.D., a minor, was charged with aggravated battery on a pregnant woman. When the victim failed to appear for trial, the judge nonetheless insisted that the State proceed. After the State failed to produce any witnesses, the trial judge pronounced T.D. “not guilty.” The State seeks to appeal the order of the trial judge, arguing that the order is in the nature of a dismissal — not a judgment of acquittal — and that the dismissal was too harsh a sanction. T.D., on the other hand, argues that the order is properly viewed as a judgment of acquittal from which the State cannot appeal. We agree…