State v. Telles

OPINION

LARSEN, Justice.

The State of Texas appeals the trial court’s dismissal of Ernesto Telles’s DWI charges *562following denial of the State’s motion for continuance based upon unavailability of witnesses. We vacate the order of dismissal and remand for trial.

FACTS

Ernesto Telles was charged by information with the misdemeanor of driving while intoxicated. The case was set for trial in El Paso County Court at Law # 4 on April 28, 1994. That day, the case was called and defendant announced ready for trial. The State, however, made an oral motion for continuance because the arresting officers…