IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL
CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
STATE OF
Appellant,
v. Appeal No. CRC 07-8 APANO
UCN522007AP00008XXXXCR
LISA YAPLE
Appellee.
______________________________/
Opinion filed ___________________.
Appeal from an order entered
by the
County Judge John Carassas
C. Marie King, Esquire
Assistant State Attorney
Lisa Yaple, Pro Se
ORDER AND OPINION
THIS MATTER is before the Court on the State’s appeal from an order entered by the Pinellas County Court dismissing the charges. After reviewing the State’s brief and the record --- the appellee failed to file an answer brief --- this Court reverses the order of dismissal.
When its witness (a police officer) failed to appear for trial, the State asked for a continuance. The trial court denied the motion for continuance and then sua sponte dismissed the charges. This was error.
This
Court has previously addressed this situation in the case of State v.Rucker,
No. CRC 05-80 APANO (
IT IS THEREFORE ORDERED that the order of dismissal is reversed, and this case is remanded to the trial court for action consistent with this opinion.
ORDERED at
_______________________
Linda R. Allan
Circuit Court Judge
_______________________
R. Timothy Peters
Circuit Court Judge
________________________
John A. Schaefer
Circuit Court Judge
cc: Office of the State Attorney
Honorable John Carrassas
Lisa Yaple