STATE v. J.M.T.

No. 5D03-3354.

876 So.2d 1280 (2004)

STATE of Florida, Appellant, v. J.M.T., a Child, Appellee.

District Court of Appeal of Florida, Fifth District.

July 16, 2004.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellee.


PER CURIAM.

The question presented is whether the trial judge erred in dismissing criminal charges against Appellee. Although we are sympathetic with the situation faced by the trial court, we cannot affirm the order on this record.

After the State had obtained two previous continuances, it appeared for trial unprepared to go forward. The State sought a third continuance because the evidence (suspected drugs) had not been transmitted to the laboratory for...

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