State v. McCarthy

HERSEY, Judge.

The state appeals from an order granting a defense motion to suppress in a possession of diazepam case. We affirm on. the authority of State v. Lawrence, 560 So.2d 400 (Fla. 4th DCA 1990).

The defense filed a motion to suppress physical evidence on November 2, 1990. At the hearing on December 3, 1990, the state requested a continuance because its two witnesses (police officers), who had been served with subpoenas, failed to appear; they chose instead to go to school in Jacksonville. The trial judge denied the motion to continue and granted the motion to suppress on the ground…