Actually it goes like this: The ADA asks for the continuance and the judge says, "state's motion to continue is denied." Then the ADA says, "The state will state a voluntary dismissal." So... journalist you are incorrect and lawdog is correct. If you have any doubt, sit in court on any given day and listen to it happen. In this case and many others like it, if the state can't get their witness in court the case is dismissed.
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