Chavez v. State, 48 So. 3d 1022

Chavez faced four pending cases in DeSoto County in February 2009: CF-756 (the trial proceeding here), CF-484 (felony battery and aggravated battery), CF-485 (possession of cocaine, paraphernalia, and possession with intent to sell), and CF-752 (possession of cocaine).
On February 9, 2009, the court scheduled CF-485 for trial on February 25, over Chavez's objection, prioritizing a case the State claimed it was ready to try.
On February 19, the court’s assistant informed Chavez’s counsel that CF-756 would be tried on February 25, prompting a motion for continuance.
Chavez’s counsel had little time to prepare for the re-ordered trial, while suppression issues in CF-485 were set for February 20.
The State admitted it was not ready for CF-485; however, the trial court denied Chavez’s continuance request and proceeded with CF-756.
The court ultimately reversed and remanded for a new trial, holding the denial of the continuance was an abuse of discretion and not harmless beyond a reasonable doubt.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the denial of a continuance was an abuse of discretion	Chavez	State	Yes; abuse of discretion; new trial remanded

M.D.B. v. State, 952 So. 2d 590 (Fla. 2d DCA 2007) (abuse-of-discretion standard for continuance)
State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986) (harmless-error standard for trial rulings)
Browne v. State, 88 Fla. 457 (Fla. 1924) (reasonable time to prepare for trial)
Langon v. State, 791 So. 2d 1105 (Fla. 4th DCA 1999) (factors for continuance abuse evaluation)
Smith v. State, 525 So. 2d 477 (Fla. 1st DCA 1988) (adequate opportunity to investigate/prepare mandatory)
McKay v. State, 504 So. 2d 1280 (Fla. 1st DCA 1986) (factors for continuance decision)
M.F. v. State, 920 So. 2d 1252 (Fla. 2d DCA 2006) (specific seven-factor test for continuance abuse)