Idaho Court of Appeals May 10, 2000, 25310 (State v. Keetch)

LANSING, Judge.

John Keeteh was charged with misdemean- or driving under the influence of alcohol. The day before the scheduled jury trial, the State filed a motion and supporting affidavit requesting a continuance. The magistrate denied the State’s motion for a continuance and granted the defendant’s oral motion to dismiss the charge.