Delevie v. State

Bill Delevie was indicted and convicted for theft of property in the first degree. He was sentenced as an habitual offender to fifteen years' imprisonment. Three issues are argued on appeal.

I

Delevie contends that the trial judge erred in denying his motion for a continuance because of the absence of certain key witnesses who had been subpoenaed by him and who were "critical" to his defense.

On the day his case was tried, a jury was selected. Only then did Delevie move to dismiss because he had been denied a speedy trial. Upon the denial of that motion he requested a continuance.

The record…