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Buie v. State11/5/2003
NOT DESIGNATED FOR PUBLICATION
The appellant in this criminal case was convicted of driving while intoxicated (first offense), refusing a chemical test, and improper lane change in the Hot Springs Municipal Court. He appealed those convictions to the Garland County Circuit Court. The circuit court judge set a readiness hearing for eight days before the scheduled trial date. Appellant's attorney appeared for the readiness hearing, but appellant was not present. The circuit judge dismissed appellant's appeal because appellant did not personally appear at the readiness hearing. This appeal followed.
For reversal, appellant contends that the trial court lacked authority to dismiss his appeal from municipal to circuit court on the grounds that appellant did not personally appear for the readiness hearing. The State concedes that the trial judge's dismissal of the appeal was erroneous, and we agree. We addressed this precise issue in Williams v. State, 79 Ark. App. 216, 85 S.W.3d 561 (2002), where we noted that while Ark. Code Ann. § 16-96-508 (1987) authorizes dismissal if the appellant fails to appear for trial, it does not authorize dismissal if the appellant fails to appear at a readiness hearing.
We hold that the dismissal of appellant's appeal was not authorized by the statute; therefore, we reverse and remand.
Reversed and remanded.
Hart and Griffen, JJ., agree.
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