State v. Lewis

The state appeals two orders entered prior to trial. By the first, the district court denied the state’s request for an omnibus hearing. The court then dismissed the case when the state indicated it was not ready to proceed. The correctness of the second ruling depends upon the first. We hold the first to be erroneous, and reverse.

Defendant was charged with the traffic infraction of Driving Under the Influence of Intoxicants. The matter was called for trial on the 18th day of August, 1978, at which time the state was ready and able to proceed, having all necessary witnesses and exhibits…