State v. T.H.

DIAMANTIS, Judge.

The state appeals the trial court’s dismissal of the charge of trespassing on public school grounds1 filed against appellee following the lower court’s denial of the state’s only motion for a continuance made on the day that this matter was set for an adjudicatory hearing. We reverse.

The state sought its first continuance because an eyewitness was absent. The eyewitness, who, according to the trial court, had been subpoenaed, was in school and could not be present. The trial court stated that “[wjhen we have students in school, they have to come to — here if they’re public…