State v. Wilson

Fain, Judge.

Defendant-appellant Terrance L. Wilson appeals from his conviction for felonious assault. Wilson contends that the trial court committed prejudicial error by failing to exclude the testimony of a witness whose identity the prosecution failed to timely disclose.

We find that the defense counsel implicitly requested a continuance at trial by informing the trial court that he had no chance to confer with his client due to the prosecution’s untimely disclosure of the witness’s identity. We conclude that the trial court abused its discretion in admitting the testimony objected to- under…