Smith v. Commonwealth

Opinion

BAKER, J.

Ronald Lee Smith, Jr. (appellant) appeals from his bench trial conviction by the Circuit Court of the City of Hampton (trial court) for rape of a fourteen-year-old female (victim). The sole issue presented by this appeal is whether the trial court abused its discretion when it denied appellant’s motion for a continuance made for the first time on the morning that the trial was scheduled to begin.

On January 9, 1991, appellant was arrested pursuant to a warrant that charged he raped the victim. On January 10, 1991, counsel was appointed to represent appellant. She remained his…