County Criminal Court: CRIMINAL PROCEDURE – Continuance – Defendant not entitled to continuance when he wanted it hoping the law would change in his favor. Judgment and sentence affirmed. Pippin v. State, No. CRC 06-59 APANO (Fla. 6th Cir. App. Ct. December 19, 2007).

 

 

NOT FINAL UNTIL TIME EXPIRES FOR REHEARING

AND, IF FILED, DETERMINED

 

 

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

 

 

 

BOBBY J. PIPPIN

 

            Appellant,

 

v.                                                                                                                                           Appeal No. CRC 06-59 APANO

                                                                       UCN522006AP000059XXXXCR

STATE OF FLORIDA

 

            Appellee.

____________________________/

 

Opinion filed _________________.

 

Appeal from a judgment and sentence

entered by the Pinellas County Court

Senior Judge Karl B. Grube

 

Bobby J. Pippin

Pro Se

 

Jason C. Ester, Esquire

Attorney for appellee

 

 

ORDER AND OPINION

 

 

            (J. Demers)

 

            THIS MATTER is before the Court on the appellant, Bobby J. Pippin’s, appeal from a judgment and sentence entered by the Pinellas County Court. This Court, having reviewed the briefs and record, affirms the judgment and sentence.

            The appellant claims that the trial court abused its discretion in refusing to grant him a continuance. A review of the record, however, reveals that the appellant wanted a continuance primarily in the hope that the United States Supreme Court might issue a ruling favorable to his position. Such a reason is not sufficient grounds for a continuance.

            The record reveals that the appellant was able to fully present his case. The facts

 

and law, however, were not on his side. Accordingly, this Court affirms the judgment and

 

sentence.

 

            IT IS THEREFORE ORDERED that the judgment and sentence is affirmed.

 

            DONE AND ORDERED in Clearwater, Pinellas County, this _____ day of December, 2007.

 

                                                                        ___________________________

                                                                                    David A. Demers

                                                                                    Circuit Court Judge

 

 

 

                                                                        ____________________________

                                                                                    Raymond O. Gross

                                                                                    Circuit Court Judge

 

 

 

                                                                        _____________________________

                                                                                    Robert J. Morris, Jr.

                                                                                                Circuit Court Judge

 

cc:        Jason C. Ester, Esquire

 

            Senior Judge Karl B. Grube

 

            Bobby J. Pippin