
    STATE OF FLORIDA v COLLINS
    Case No. 88-102 AC (Lower Court Case Nos. 41058 IE and 7745IC)
    Eleventh Judicial Circuit, Dade County
    July 2, 1990
    APPEARANCES OF COUNSEL
    Charles M. Fahlbusch, Esquire, Assistant Attorney General, for appellant.
    Charles Collins, pro se.
    Before NADLER, ESQUIROZ, GREENBAUM, JJ.
   OPINION OF THE COURT

NADLER, J.

This is a driving Under the Influence case. Discovery was provided. At time of trial, the defense revealed its inability to depose a witness. The continuance granted was charged to the state and the case was thereafter dismissed. The state is not responsible for the failure of witnesses to appear; the continuance charged to the State was improper by virtue of the non-appearance of a witness. See State v Bonamy, 409 So.2d 518 (Fla. 5th DCA 1982); State v Roig, 305 So.2d 836 (Fla. 3d DCA 1974).

This cause is reversed with instruction to reinstate this case and set for trial.

ESQUIROZ and GREENBAUM, JJ., concur.  