STATE v. COOK

No. 5D00-3749.

796 So.2d 1247 (2001)

STATE of Florida, Appellant, v. Frank Walter COOK, Appellee.

District Court of Appeal of Florida, Fifth District.

October 12, 2001.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellant.

James F. Cummins, Inverness, for Appellee.


PETERSON, J.

The State of Florida sought the continuance of a violation of probation hearing when its sole witness, a Massachusetts' probation officer, was unable to travel to Florida to testify at the hearing due to inclement weather conditions. The trial court denied the continuance on the ground that the court had previously announced that no continuances would be granted. The court then dismissed the case sua sponte.

In order to obtain a continuance...

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