State v. Tatum

Pekelis, A.C.J.

Venita Tatum appeals the trial court’s denial of a motion for a continuance, which was sought to procure the attendance at trial of a witness for the defense. Tatum contends the court erred in concluding that a subpoena issued for a prior trial date had expired. We agree that the court’s legal conclusion was erroneous, but affirm nonetheless because the error was harmless.

Tatum was charged with one count of delivery of cocaine in violation of the Uniform Controlled Substances Act. Two versions of the events were adduced at trial.

The State’s evidence, derived largely from the…