Public-domain · open source
OpenJurist

42 Fla. Supp. 2d 81

State v. Collins

Circuit Court for the Judicial Circuits of Florida · decided 1990-07-02

Relies on 305 So. 2d 836 - State v. Roig · 82 So. 2d 513 - Mayer v. Dade County

Decided 1990-07-02

¶1OPINION OF THE COURT

NADLER, J.

¶2This is a driving Under the Influence case. Discovery was provided. At time of trial, the defense revealed its inability to depose a witness. The continuance granted was charged to the state and the case was thereafter dismissed. The state is not responsible for the failure of witnesses to appear; the continuance charged to the State was improper by virtue of the non-appearance of a witness. See State v Bonamy, 409 *82So.2d 518 (Fla. 5th DCA 1982); State v Roig, 305 So.2d 836 (Fla. 3d DCA 1974).

¶3This cause is reversed with instruction to reinstate this case and set for trial.

¶4ESQUIROZ and GREENBAUM, JJ., concur.

/42/flasupp2d/81 · .json · Public domain