Melton v. State

Sognier, Judge.

Appellant was convicted of driving under the influence of alcohol.

1. Appellant contends the trial court abused its discretion by denying his motion for a continuance, as the denial of this motion severely prejudiced his defense. Appellant’s counsel was called for jury duty during the week of appellant’s trial. When appellant’s case was called for trial his attorney moved for a continuance on the ground that he was on jury duty.

At a hearing on the motion counsel did not contend he was unprepared for trial or had had insufficient time to prepare for trial because of jury duty.…