Bailey v. State

MlKELL, Judge.

Gerard Anthony Bailey was convicted of possession of cocaine, possession of marijuana, and possession of an open container of an alcoholic beverage in a motor vehicle. Following the denial of his motion for new trial, and pursuant to the grant of an out-of-time appeal, Bailey contends that the trial court abused its discretion in denying his motion for continuance to procure the testimony of an absent witness. We disagree and affirm.

The denial of a motion for continuance is addressed to the sound discretion of the trial court, and the court’s ruling will not be disturbed absent…