XXXIII. Trial Court May Not Dismiss With Prejudice

State v. Mason, 383 S.W.3d 314 (Tex.App.-Dallas 2012, no pet.). 

The State moved for a continuance based on the officer not appearing and their inability to locate the officer. The trial judge denied the motion so the State filed a motion to dismiss the case without prejudice. The trial judge over State’s objection dismissed case with prejudice and the State appealed. In overruling the Trial Court, the Court of Appeals found that the Trial Court abused its discretion in dismissing driving the case with prejudice, after State moved for dismissal without prejudice, where there was no suggestion of prosecutorial misconduct, defendant never raised a speedy trial or due process complaint, and future charges would not have been barred by statute of limitations.