STATE OF RIDGEWAY
STATE OF RIDGEWAY
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DOCKET NO. RSC-CM-426
Plaintiff
v.
MASTERCH8SE
Defendant
RESPONSE TO DEFENSE MOTION TO DISMISS
The formal definition of a Criminal Information, Rid. R. Crim. P. Rule 4(a) states that "a
criminal information shall contain a plain, concise description of the act which constitutes the
crime or an appropriate legal term descriptive thereof". Of which, the Criminal Information in
this case met the threshold as provided in Rule 4(a), however the Defense argues that the
Criminal Information in this case is insufficient and should be dismissed. In response, we want to
outline the reasons for dismissal as provided in correct order as listed within the Defense Motion
Document. They first state that both Count One and Three “contain the exact same description”
and that they contain mere recitals of the offenses. Now, if we go back to Rule 4(a), it clearly
says that the criminal information documents shall contain a plain and concise description of
which means that the description(s) are meant to be kept brief, yet concise, to allow the court to
establish probable cause for the charges at hand. In short, criminal information documents are
not meant to contain a vast description, they’re supposed to be kept brief and concise. Therefore,
reason one to dismiss the information is contestable and holds no grounds to actually dismiss the
information in this case. As to the second reasoning for dismissal as provided by the Defense,
they state that Count Four failed to “include the nature of the offense” and that “the facts alleged
do not constitute the offense charged.” Count Four is at the cutting-off page of the document, of
which it only shows on one page the charge and not the descriptive telling for Count Four.
However, if you scroll down you can see the description of Count Four which the Defense
alleges is not there. As for the reasoning that the facts alleged do not constitute the offense
charged per the Motion to Dismiss, this is easily argued through Rule 4(a) of the Rid. R. Crim. P.
given that Count Fours description meets the threshold for a valid criminal information
document per Rule 4(a). Once More, reason two to dismiss the information is contestable and
holds no grounds to dismiss the information in this case. As to the third reasoning for dismissal
of the information, the Defense alleges that “count 5 does not constitute an offense as it does not
allege the discharge occurred within city limits or a residential area as required by the offense
charged.” However, as provided in Rule 4(a), it does not state that the city limits or residential
area must be provided. Nor does any underlying Common or Case law support thereof the third
reasoning as to the Defense Motion to Dismiss. Therefore, reason three to dismiss the
information is contestable and holds no grounds to dismiss the information in this case. The
fourth reasoning for dismissal of the information as provided in the motion states that “count 6
fails to include the nature of the offense, rendering it insufficient in informing the accused of the
allegedly unlawful conduct and in affording him with the right to make full answer and defense.”
However, as to the description of Count 6, it clearly states that the Defendant rammed into the
vehicle of a Ridgeway County Transit Operator while they were on their shift. Therefore, the
Defense can easily provide to their client the charge at hand and why that charge is being
pursued. Of which, reason four holds no grounds as to dismiss the information in this case. The
final and fifth reason for the defense's motion for dismissal in this case states that “count 7 fails
to include the nature of the offense, rendering it insufficient in informing the accused of the
allegedly unlawful conduct and in affording him with the right to make full answer and defense.”
Of which, as previously stated as to the fourth reasoning, the Criminal Information for Count
Seven clearly provides a concise description allowing the Defense to provide his client with the
opportunity to inform the Defendant the nature of the charge. The reasons as provided in the
Motion to Dismiss have all proven to be contestable from support thereof the Rid. R. Crim. P. as
all of the reasons provided are moot, and not applicable to dismiss the information in this case.
The state will ask that the courts recognize the lack of basis and foundation provided by the
defense in their Motion to Dismiss, and we will ask that the courts deny the Motion to Dismiss.
Respectfully Submitted,
RIDGEWAY DEPARTMENT OF JUSTICE
/s/ stickza
State Attorney
