State v. Gilbert

OPINION

KLEINSCHMIDT, Judge.

The defendant was charged with one count of conspiracy to commit fraudulent schemes and artifices and eight counts of fraudulent schemes and artifices. The trial judge granted the state’s motion to dismiss the charges without prejudice, but over the state’s objection, ruled that if the state did not recharge the defendant within 120 days, the dismissal would automatically become a dismissal with prejudice. The trial judge reasoned that “it is in the interest of the public and the orderly administration of justice that there be some type of finality.” We hold that…