State v. Willard

OPINION

JACKSON, Judge:

The State appeals from a November 1, 1989, order of “dismissal with prejudice” entered at the close of appellee Todd Willard’s bench trial for possession of a controlled substance with intent to distribute. Because we conclude that the trial court’s action constituted an acquittal, which is not appealable by the State, we dismiss the appeal.

Deputies from the Sevier County Sheriff’s Office set up a roadblock on March 10, 1988, to check drivers’ licenses and vehicle registrations. They stopped Willard, who provided them with a valid license and registration, and they…