State v. Smith

OPINION

ALARID, Judge.

Defendant appeals his conviction of escape from jail, aggravated battery on a peace officer, aggravated burglary, larceny over $100, and unlawful taking of a motor vehicle. The sole issue raised in the initial docketing statement was whether the trial court erred in denying defendant’s motion, made on the day of trial, for a continuance and for substitution of counsel. See State v. Franklin, 78 N.M. 127, 428 P.2d 982 (1967). We proposed summary affirmance of that issue because the grant or denial of a continuance is within the discretion of the trial court, and in the…