State v. Gonzalez

OPINION OF THE COURT

GOLDMAN, J.

The State appeals an order dismissing the charges against the defendant. We reverse.

On June 18, 1988, the defendant was charges, inter alia, with D.U.I. A plea of not guilty was entered and on August 16, 1988, defendant moved for a continuance of the August 29, 1988, trial date. Trial was *58reset for October 11, 1988, at which time the charges against defendant were dismissed on grounds that a state witness was not present and that the same witness had failed to appear for deposition.

The State was given thirty days to refile the charges which it did file…