State v. Kelly

The defendant, Brian Kelly, appeals a judgment and sentence entered upon his conviction at a bench trial of second degree burglary. The only issue presented here relates to whether the trial court's denial of defendant's motion for a continuance was erroneous. We hold that the trial court did not abuse its discretion and did not deny Kelly any constitutional right.

The undisputed facts establish that on June 6, 1980, at approximately 4 a.m., Kelly, without permission, entered and took an array of narcotic drugs from the offices of Dr. Sheldon M. Biback. Approximately 15 minutes later, at 4:15…