STATE v. OTTROCK

No. 90-0634.

573 So.2d 169 (1991)

STATE of Florida, Appellant, v. Anton OTTROCK, Appellee.

District Court of Appeal of Florida, Fourth District.

January 16, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellee.


PER CURIAM.

The state appeals from an order dismissing a charge of grand theft against appellee for lack of prosecution. We reverse.

Appellee was charged in April 1989 with grand theft. Trial was set several times, and each time the defense moved for continuance because the deposition of the alleged victim had not taken place, for the most part because the defense could not serve a subpoena on him at the address provided by the state. However, there is no...

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