State v. Mock

The state appeals an order dismissing, with prejudice, a charge against defendant of felony driving while suspended. We hold that the trial judge abused his discretion and reverse.

The record indicates that the proceedings below were fraught with frustration and confusion, but it does not reveal grounds for dismissal of the charge. Trial commenced on August 27, 1985. During voir dire examination of potential jurors, a controversy arose over one of the state’s questions. In a discussion with the prosecutor and defense counsel in chambers, the judge limited the issues which the state could…