State v. Chacano
817 N.W.2d 369
N.D.2012Background
- Chacano was charged in 2008 with two counts of gross sexual imposition involving a victim under fifteen.
- Additional 2008 charges were filed; the district court dismissed one duplicate 2008 count as redundant.
- Chacano was bound over after preliminary hearings in both 2008 complaints, and information was filed.
- In 2009 the State moved to dismiss all charges without prejudice to prevent miscarriage of justice; district court granted dismissal.
- In 2010 an assistant AG filed three new counts for the same victim and period; Chacano moved to dismiss for failure of further investigation, which the district court denied.
- In 2011 a jury convicted Chacano of two counts and acquitted one count.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must the State investigate before refiling under Rule 48(a)? | Chacano | Chacano | No further investigation required; refiling permissible |
| Was Chacano's challenge properly preserved for appeal? | Chacano preserved by district-court motion to dismiss the 2010 charges | State | Chacano properly preserved the issue for appeal |
| What is the standard of review for interpreting Rule 48(a)? | Chacano | State | Interpretation reviewed de novo |
Key Cases Cited
- State ex rel. Koppy v. Graff, 484 N.W.2d 855 (N.D.1992) (prosecutor may dismiss with court approval; dismissal without prejudice permitted to refile)
- State v. Jones, 653 N.W.2d 668 (N.D.2002) (dismissal without prejudice may be refilled within statutory period)
- State v. Ebertz, 782 N.W.2d 350 (N.D.2010) (interpretation of rule de novo; application of statutory construction)
- United States v. Reyes, 102 F.3d 1361 (5th Cir.1996) (presumption of good faith unless improper purpose shown)
- United States v. Welborn, 849 F.2d 980 (5th Cir.1988) (waiver of objection if defendant does not contest dismissal)