State v. Joe
Annotate this CaseDefendant was charged with resisting a public officer, felony possession of cocaine with intent to sell or deliver, and attaining habitual felon status. Defendant filed a motion to dismiss the resisting charge and a motion to suppress all evidence seized during the search incident to arrest. At a pretrial evidentiary hearing on the motions, the trial court granted both of Defendant's motions. Immediately thereafter, the State announced to the court that it would be unable to proceed with the case in chief on the remaining charges. As a result, the other charges were dismissed. The State appealed. The court of appeals affirmed, reasoning that the prosecutor's statements to the trial court amounted to a dismissal in open court under N.C. Gen. Stat. 15A-931. The Supreme Court vacated the court of appeals to the extent it could be read as affirming to the trial court's dismissal of charges on its own motion, holding (1) the prosecutor's statements did not amount to a dismissal in open court, and (2) the trial court had no authority to enter an order dismissing the case on its own motion. Remanded for consideration of the State's argument pertaining to the motion to suppress.
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