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Florida Circuit Courts, 1990

State v. Collins

State v. Collins
Florida Circuit Courts · Decided July 2, 1990 · Esquiroz, Greenbaum, Nadler
42 Fla. Supp. 2d 81

Counsel

APPEARANCES OF COUNSEL, Charles M. Fahlbusch, Esquire, Assistant Attorney General, for appellant., Charles Collins, pro se.

State v. Collins

Opinion of the Court

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 *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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