Borst v. State

STATON, Presiding Judge.

Following a jury trial, Robert Lee Borst, Jr. (Borst) was convicted of possession of cocaine1 and possession of marijuana.2 Borst appeals. On appeal, we must consider only the following issue:

Whether the trial court denied Borst a fair trial by excluding the testimony of one of his witnesses rather than granting a continuance to allow the State time to investigate information provided by that witness.

Reversed and remanded for a new trial.3

'On February 8, 1983, the date set by the trial court for completion of discovery, defense counsel sent the State a letter which…