People v. Durham

After a bench trial, the defendant, Tracey Durham, was found guilty of possession and possession with intent to deliver cocaine. The possession conviction was vacated, and defendant was sentenced to a five-year term of imprisonment for possession with intent to deliver cocaine.

The sole issue raised in this appeal is whether the trial court abused its discretion by granting a motion of the State for a continuance based on a finding that the State had shown diligence in its attempt to obtain evidence necessary for trial.

In addressing this issue, it is necessary to set forth the following facts.…