State v. McElroy

HORSEY, Justice.

This appeal raises the question of a trial court’s authority under Superior Court Criminal Rule 48(b) to dismiss a criminal information on a finding of “unnecessary delay” solely attributable to the lack of an available trial judge and not to prosecutorial delay. The State appeals Superior Court’s dismissal under Rule 48(b) of a criminal information charging the defendant with driving under the influence (“DUI”) in violation of 21 Del. C. § 4177. We find the court’s dismissal to be beyond Rule 48’s scope and purpose. Hence, we reverse for error of law.

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Defendant…