Court of Appeals of Missouri, Southern District, Second Division
APPEAL FROM THE CIRCUIT COURT OF CEDAR COUNTY. Honorable James R. Bickel, Circuit Judge.
For Appellant: ADAM STEPHEN ROWLEY, Jefferson City, MO.
For Respondent: ELLEN H. FLOTTMAN, Columbia, MO.
MARY W. SHEFFIELD, P.J., OPINION AUTHOR. GARY W. LYNCH, J., CONCURS. DON E. BURRELL, J., CONCURS.
MARY W. SHEFFIELD, P.J.
In this case, the State appeals the trial court's order dismissing a criminal information with prejudice prior to trial. The State argues the trial court had no jurisdiction to interfere with the State's decision to file a nolle prosequi. We agree and reverse the trial court's judgment.
Factual and Procedural Background
On June 7, 2013, the State filed an information in case number 13CD-CR00012-01 charging Skylar Dewayne Dozler (" Defendant" ) with keeping a public nuisance, possession of a synthetic cannabinoid, and unlawful use of drug paraphernalia. See § § 195.130, 195.233, RSMo (2000); § 195.202, RSMo Cum. Supp. (2013). On February 10, 2014, the parties appeared in court, Defendant waived his right to a jury trial, and the case was set for trial on May 9, 2014.
On May 7, 2014, the State filed a motion requesting a continuance. In that motion, the State informed the trial court that one of its witnesses was on National Guard duty and would not be able to attend trial on May 9, 2014. Also on May 7, 2014, Defendant filed a written objection to the continuance without stating any grounds other than that he was prepared for trial.
On May 9, 2014, the parties appeared in court. The hearing began with the prosecutor stating, " Your Honor, the State of Missouri dismisses Case Number 13CD-CR00012-01." The judge then asked defense counsel about Defendant's objection to the State's request for a continuance. Defense counsel stated the defense was ready to proceed and requested that if the case were to be dismissed, it be dismissed with prejudice. The trial court granted Defendant's motion and dismissed the case with prejudice. The State appeals.
In its sole point on appeal, the State argues " [t]he trial ...