State v. Collins

Florida Circuit Courts

State v. Collins

42 Fla. Supp. 2d 81

Circuit Court for the Judicial Circuits of Florida·Decided July 2, 1990·No. Case No. 88-102 AC (Lower Court Case Nos. 41058 IE and 7745IC)·Published

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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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.

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

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Opinion

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