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T.J.M. v. STATE

No. 5D05-1267.

925 So.2d 440 (2006)

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

District Court of Appeal of Florida, Fifth District.

April 7, 2006.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Dee Ball, Assistant Public Defender, Daytona Beach, for Appellant.

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

PER CURIAM.

AFFIRMED. See Jenkins v. State, 872 So.2d 388 (Fla. 4th DCA 2004) (To prevail on a motion to continue based upon witness unavailability, the moving party must show: (1) prior due diligence to obtain the witness' presence; (2) that substantially favorable testimony would be forthcoming; (3) that the witness was available and willing to testify; and (4) that the denial of the continuance would cause material prejudice...

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