Risner v. State

HOFFMAN, Judge.

Appellant-defendant Jeremy R. Risner appeals the trial court's denial of his motion to continue his trial, made one day prior to the trial date.

The facts relevant to the appeal disclose that on August 26, 1991, Risner was charged by information with operating a motor vehicle while intoxicated causing death, a Class C felony. Also on August 26, Dale Allen entered his appearance on behalf of Risner. On September 8, 1991, the trial court set a trial date of January 14, 1992.

On December 26, 1991, counsel filed a motion to continue the trial based upon insufficient time within which…