McClellan v. State

Daniel Loyd McClellan was convicted for receiving stolen property in the second degree and was sentenced to imprisonment for life as a habitual offender. He raises three issues on this direct appeal from that conviction.

I

The trial court acted within its discretion in denying the appellant's request for a continuance of his trial to obtain the presence of a missing witness.

The significant dates are as follows:

June 1991: The appellant was arraigned.

May 8, 1992: The appellant filed a motion to dismiss, claiming that he had been denied his right to a speedy trial. C.R. 18.

May 14, 1992: The…