State v. Lawrence

GARRETT, Judge.

The state appeals the trial court’s granting of appellee’s motion to suppress.

A date was set to hear the motion to suppress physical evidence. The state requested a continuance when its only witness failed to appear at the hearing. The trial judge denied the motion to continue and granted the motion to suppress after the state rested without presenting any evidence to justify the warrantless search.

The real issue is whether the state’s motion for continuance should have been granted.

Denying a motion for continuance is within a trial judge’s discretion and his or her ruling will…