State v. Rash

Fain, Judge.

Defendant-appellant Wyatt Rash appeals from his conviction and sentence for breaking and entering an unoccupied structure and receiving stolen property over $300 in value. Rash contends that the trial court abused its discretion by denying his motion for a continuance until the following morning when the state unexpectedly rested on the first day of a trial scheduled for two to two and one-half days. Because we agree with Rash that the trial court abused its discretion and because we conclude that Rash’s constitutional rights to due process were violated, the judgment of the trial…