Garrett v. State
| Decision Date | 08 January 1992 |
| Docket Number | No. A91A1589,A91A1589 |
| Citation | 202 Ga.App. 463,414 S.E.2d 693 |
| Parties | GARRETT v. The STATE. |
| Court | Georgia Court of Appeals |
Joseph W. Jones, Jr., Decatur, for appellant.
William G. Hamrick, Jr., Dist. Atty., Peter J. Skandalakis, Asst. Dist. Atty., for appellee.
Appellant was tried before a jury and found guilty of three counts of burglary. He appeals from the judgments of conviction and sentences entered by the trial court on the jury's verdicts of guilt.
After the close of the State's evidence, appellant informed the trial court of the absence of a witness who had been subpoenaed to appear for the defense. According to appellant, this witness had attended the first day of trial, but was absent on the second day when he was to be called to take the stand. Appellant requested and received a postponement, during which he was unsuccessful in locating the witness. Appellant then moved for a continuance "until [such time as the witness could] be found." According to appellant, the absent witness would "corroborate [appellant's] statement as to alibi." In response to the trial court's inquiry, however, appellant was unable to offer any reasonable assurance as to exactly when this witness would be available. The denial of this motion for continuance is enumerated as error.
In all cases wherein a continuance is sought upon the ground of the absence of a witness, the movant " Ledford v. State, 173 Ga.App. 474, 476(3), 326 S.E.2d 834 (1985). Each of the requirements set forth in OCGA § 17-8-25 must be met before an appellate court may review the exercise of the trial court's discretion in denying a motion for continuance based upon the absence of a witness. Eze v. State, 195 Ga.App. 503(2), 393 S.E.2d 758 (1990). Here, appellant was unable to show that the presence of the absent witness could be procured so as to authorize a continuance of the case. " Curry v. State, 177 Ga.App....
To continue reading
Request your trial
-
McTaggart v. State
...of each of the statutory grounds, the trial judge did not abuse his discretion in denying a continuance. Garrett v. State, 202 Ga.App. 463, 414 S.E.2d 693 (1992). Moreover, this Court cannot find abuse in the trial court's exercise of discretion when all of the statutory requirements have n......
-
Pickens v. State
...of the trial court's discretion in denying a motion for continuance based upon the absence of a witness. [Cit.]" Garrett v. State, 202 Ga.App. 463, 414 S.E.2d 693 (1992). Pickens argues that Smith was a critical witness, that she was unavailable after diligent search, and that her testimony......
-
Vaughan v. State
...a motion for continuance based upon an absent witness (Dorsey v. State, 203 Ga.App. 397, 399(1), 416 S.E.2d 879; Garrett v. State, 202 Ga.App. 463, 414 S.E.2d 693); these statutory requirements exist regardless whether the State's conduct contributed to the release of witnesses. Appellant h......
-
Adefenwa v. State
...exercise of the trial court's discretion in denying a motion for continuance based upon the absence of a witness.' ... Garrett v. State, 202 Ga.App. 463, 414 S.E.2d 693." Grant v. State, 212 Ga.App. 565(1), 442 S.E.2d 3. Defendant's final two enumerations contend the trial court erred in ov......