RYDER, Acting Chief Judge.
The facts of this case are straightforward and are not in dispute. Appellee was charged by information. During a hearing before the trial judge, there was a discussion concerning the unavailability of witnesses. The state moved for a continuance. After argument on the motion, the judge denied the motion and stated, "The state will have the opportunity to nol prosse if they wish." The state responded that the case will be nol prossed and...
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