State v. M.V.G., J.A.G

Full title: THE STATE OF FLORIDA, APPELLANT, v. M.V.G. AND J.A.G., JUVENILES, APPELLEES

Court: District Court of Appeal of Florida, Third District

Date published: Feb 19, 1991

574 So. 2d 314 (Fla. Dist. Ct. App. 1991)

Opinion

Nos. 90-435, 90-437.

February 19, 1991.

Appeals from the Circuit Court of Dade County; Jeffrey Rosinek, Judge.

Robert A. Butterworth, Atty. Gen., and Joan L. Greenberg, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Robert Burke, Asst. Public Defender, for appellees.

Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.

PER CURIAM.

We affirm the final order under review dismissing the juvenile delinquency petitions for lack of prosecution based on a holding that (1) the trial court did not abuse its discretion in denying the state's third motion for continuance to secure an absent witness, and (2) the trial court correctly found that the state had abandoned its prosecution of the juvenile delinquency petitions below when the prosecuting attorney informed the court (see T. 8) that he was unwilling to proceed with the state's case without the presence of the above-stated witness who was unavailable to testify. State v. Alvarez, 258 So.2d 24, 25 (Fla. 3d DCA 1972).

Affirmed.