The opinion
*971 BRETT, Judge,
specially concurring:
I specially concur in this decision for the following reasons. On June 27, 1984, a Release Order was signed on the basis of the State’s Oral Motion to Dismiss Without Prejudice. The minute entry for June 27, 1984, in CRF-84-199, recites the following:
STATE vs. ROBERT MITCHELL WATKINS. Drew Edmondson for State dismissed case without prejudice. SIGNED: J.R. SETTLE, SP. DIST. JUDGE.
The minute entry for June 28,1984, recites the following:
STATE vs. ROBERT WATKINS. CRF-84-199. W.E. Edmondson for State; def. appeared with attorney David Garrett; State withdraws oral motion to dismiss and Court withdrew Order of Dismissal granted to State on 6-27-84. Def. offered no objection; New PH set for 7-26-84 at 10:00 a.m. def. held without bond. SEND NOTICES.
J.R. SETTLE, SP. DISTRICT JUDGE
It is my opinion that this decision is not opening the door for district attorneys to move for withdrawal of an order to dismiss in any case. Because of the unique circumstances of this case, and because the defendant was present with counsel when the district attorney, on the following day, moved to withdraw the dismissal since the defendant did not object, can this procedure be reconciled? If a written order dismissing the case had been entered and if defendant’s bail had been exonerated, a new information would have been required. In this case, the defendant was being held without bail. Otherwise, it is my position that the trial court would have been without jurisdiction to impose judgment and sentence, as contended by appellant. It should be further stated, when defendant entered his plea at arraignment, without objections, any defect in the information was waived.
Therefore, I specially concur in this decision.