REDMANN, Chief Judge.
We granted certiorari to review the trial court's dismissal of a prosecution reinstituted after nol pros. We now set the dismissal aside and remand to allow the state to produce evidence that the nol pros was the result of being unprepared for trial because of the defendant's counsel's having advised the state that his client would plead guilty and therefore trial would be unnecessary.
The state's application asserts that then defense...
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