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State v. Collins

42 Fla. Supp. 2d 81
CourtCircuit Court for the Judicial Circuits of Florida
DecidedJuly 2, 1990
DocketCase No. 88-102 AC (Lower Court Case Nos. 41058 IE and 7745IC)
StatusPublished

This text of 42 Fla. Supp. 2d 81 (State v. Collins) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Collins, 42 Fla. Supp. 2d 81 (Fla. Super. Ct. 1990).

Opinion

OPINION OF THE COURT

NADLER, J.

This 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 [82]*82So.2d 518 (Fla. 5th DCA 1982); State v Roig, 305 So.2d 836 (Fla. 3d DCA 1974).

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

ESQUIROZ and GREENBAUM, JJ., concur.

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Related

State v. Roig
305 So. 2d 836 (District Court of Appeal of Florida, 1974)
State v. Bonamy
409 So. 2d 518 (District Court of Appeal of Florida, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
42 Fla. Supp. 2d 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-collins-flacirct-1990.