State ex rel. Betancourt v. Klein

We have been presented with a petition for writ of prohibition and, pursuant to Fla.App. Rule 4.5(d)(2), have issued the rule therein provided. Return to the rule has been made and upon consideration of the petition and the return and the record submitted, the following appears:

The petitioner was arrested for the unlawful possession of marijuana. A trial was set for October 3, 1977. At trial, it appeared that a witness subpoena issued for a defense witness who was a policeman had not been obeyed because the policeman was on vacation. The court, of its own motion, continued the trial until…