Johnson v. State

I concur with Division 2 of the majority opinion, but I must respectfully dissent from Division 1 which finds that the trial court’s grant of a one-hour continuance did not constitute an abuse of discretion.

In this case, despite the appellant’s timely demand for a copy of his intoximeter test results, the state failed to provide him with such until two days before trial. It is uncontroverted that the state either had possession of or access to the report at least ten days before the trial. The state’s tardiness in furnishing the appellant with the copy of his intoximeter test results thus…