Ex Parte Charles E. Seidel, Jr.

Summary

The Court held that the district court lacked authority to dismiss the felony prosecution with prejudice, rendering that portion of the judgment void, and that the State did not waive its right to appeal the void dismissal, allowing subsequent prosecution; the appellant was also entitled to a discharge from bail. Two dissenting opinions argued the dismissal was merely voidable, not void, and that the State should have been required to appeal.