Livingston v. State ( 1996 )

Beasley, Chief Judge,

concurring specially.

I fully concur in the opinion and judgment except that it should be noted, at the least, that the State did not file a brief despite its obligation to do so. Court of Appeals Rule 13 provides expressly that “a brief shall be filed by the appellee in all criminal appeals when the State is the appellee.” The importance of fulfillment of this mandate by the State’s officers is confirmed by the twice-repeated warning that failure subjects the violator to contempt. Court of Appeals Rules 13 and 26 (b). We have chosen not to impose any sanction in this case, but we do not even have an explanation for the absence of the State’s brief.