Smith v. State

The issue on appeal is whether the trial court abused its discretion in denying the appellant’s motion for continuance. We find it did. not and affirm.

Appellant, Leverett Smith, was charged with DUI manslaughter, vehicular homicide, and driving while license suspended causing serious bodily injury or death, stemming from an accident that occurred on August 10, 2003. Charges were formally filed on May 4, 2004, and an arrest made in early July, 2004. Trial was originally set for October 11, 2004. Over nine continuances later, the case was set for trial on a special docket beginning May 14, 2007…