Johnson v. State

David Newbern, Justice.

Troy Johnson was convicted of possession and possession with intent to deliver a controlled substance. On appeal he contends it was error to overrule a motion for a continuance. We hold the Court did not abuse its discretion in refusing the continuance and affirm.

The State had listed undercover agent Tony Garcia as one of its witnesses and had subpoenaed Garcia for a trial to be held April 3, 1990. The case was continued until June 19, 1990, and the State did not subpoena Garcia for the trial which was to be held on the later date.

It is clear from the record that…