State v. Friend, 219 N.C. App. 338 (Mar. 6, 2012)

(1) The State’s dismissal of an impaired driving charge following the district court’s denial of its motion to continue did not violate separation of powers. The defendant had argued that the district attorney is an executive branch official who was obligated to proceed with the trial when the trial court denied the State’s motion to continue. He further argued that to allow the State to voluntarily dismiss the charge allowed the executive branch to subvert the court’s authority. (2) No violation of due process occurred when the State refiled charges against the defendant after having taken a dismissal of them in response to the trial court’s denial of its motion to continue.