Teat v. State

Sognier, Judge.

Appellant was convicted of driving under the influence of alcohol and he appeals. In his sole enumeration of error appellant contends the trial court abused its discretion by denying his request for a continuance pursuant to OCGA § 17-8-25, based on the absence of a subpoenaed witness who was the sole witness for the defense.

The witness was subpoenaed and appeared in court on January 21, 1986. The case was continued on that date at the request of the State because one of its witnesses was absent, and the case was rescheduled for February 13,1986. The subpoenaed witness was…