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OSTOLAZA v. STATE

No. 2D05-5245.

943 So.2d 1001 (2006)

Marco OSTOLAZA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 13, 2006.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

Marco Antonio Ostolaza argues that the trial court erred by denying a motion to continue his jury trial when his sole defense witness failed to appear despite being subpoenaed for trial. We agree and reverse.

Ostolaza was charged with burglary of a dwelling, which is defined as entering or remaining in a dwelling "with the intent to commit an offense therein." § 810.02(1)(a), Fla. Stat. (2004...

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