State v. Joyner

OPINION OF THE COURT

STANTON S. KAPLAN, Circuit Judge.

THIS CAUSE comes before the Court upon the appeal of an order dismissing the case for lack of prosecution.

Appellee was charged by Information filed December 10, 1984, with driving under the influence, contrary to Florida Statutes § 316.193(1).

*74On August 21, 1985, the day of the trial, the Appellant, State, moved for a continuance. This was Appellant’s first request for a continuance. Previously, the Court granted Appellee’s two defense continuances. The State requested the continuance on the grounds that the arresting police officer was not…