State v. Bachan, 321 Ga. App. 712

Bachan was charged by indictment with felony theft by taking for unlawfully taking the statue of Bre’r Rabbit from the Uncle Remus Museum in Eatonton, Georgia; the trial court dismissed the indictment, and the State appeals.
The court applies a plain legal error standard of review because this is a legal question.
In 2011 Bachan pleaded not guilty; co-defendants pled guilty to misdemeanor theft by taking and were sentenced to community service and restitution.
Bachan, a non-citizen, was abroad addressing immigration status; his attorney requested a later plea date.
In 2012 Bachan sought a plea in absentia; during an unrecorded bench conference the court sua sponte forfeited his cash bond and dismissed the indictment based on immigration absence and lack of return.
The State argues dismissal was error; trial court had no legal basis to dismiss before evidence was presented.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by sua sponte dismissing the indictment.	Bachan	Bachan	Yes, the dismissal was error.

State v. Brooks, 301 Ga. App. 355 (2009) (limits on trial court’s sua sponte dismissal)
State v. Perry, 261 Ga. App. 886 (2003) (pretrial prosecutorial discretion and right to prosecute)
State v. Carr, 287 Ga. App. 691 (2007) (indictment defects and trial court discretion)
State v. Henderson, 283 Ga. App. 111 (2006) (application of discretion in prosecutorial decisions)