Heard v. State

Phipps, Presiding Judge.

Following a jury trial, Quinntavious Heard was convicted of possession of cocaine. He appeals from the denial of his motion for a new trial, asserting that the trial court abused its discretion in denying his motion for a continuance. Heard contends that the court failed to afford him the minimum seven days’ notice before trial required by Uniform Superior Court Rule (USCR) 32.1. For the reasons that follow, we reverse.

Whether to grant a motion for continuance is a decision that rests entirely within the sound discretion of the trial court; the trial court’s ruling on…