State v. Longoria

The defendant was convicted after a jury trial of four counts of robbery in the first degree. ORS 164.415. He appeals, assigning several rulings as error.

First, he assigns the failure of the presiding judge to grant his motion for a continuance and of the trial judge to grant his renewed motion for a continuance.

The motion before the presiding judge was oral and conclusory. ORS 136.070① requires that a motion for continuance by the defendant be accompanied by an affidavit showing “sufficient cause” which shall be “first filed with the clerk.” Since the ruling upon a motion for continuance is…