Eller v. State

Court of Appeals of Georgia

Eller v. State

256 S.E.2d 125, 149 Ga. App. 846, 1979 Ga. App. LEXIS 2052

CourtCourt of Appeals of Georgia

DecidedApril 30, 1979

Docket57619

StatusPublished

This text of 256 S.E.2d 125 (Eller v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eller v. State, 256 S.E.2d 125, 149 Ga. App. 846, 1979 Ga. App. LEXIS 2052 (Ga. Ct. App. 1979).

Pincite

Opinion

Underwood, Judge.

Thomas Eller appeals his conviction of possession with intent to distribute marijuana, contending solely on appeal that the trial court’s denial of his motion for continuance made at the call of the case that morning when he was without counsel deprived him of a reasonable time to prepare a defense.

We find from the record, however, that the court appointed the public defender to represent him and granted a postponement to allow the defender time to [847]*847confer with him, to interview the state’s witnesses, and to inspect the state’s files. When trial actually commenced later that afternoon, no motions for further relief were made; and since different counsel on appeal states in the brief that "the appellant does not contend that the public defender appointed on the spot to represent him is not able counsel,” we will presume that the relief which the trial court did grant was sufficient for the purpose. "In the absence of any showing before the trial court as to why the three-hour postponement was insufficient, we will not hold that the trial court’s discretion was abused.” Gibson v. State, 143 Ga. App. 467, 469 (238 SE2d 562) (1977).

Submitted April 9, 1979 — Decided April 30, 1979 — Rehearing denied May 8, 1979 — Billy N. Jones, for appellant. Dupont K. Cheney, District Attorney, for appellee.

Judgment affirmed.

Banke, P. J., and Carley, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Underwood, Judge.

Thomas Eller appeals his conviction of possession with intent to distribute marijuana, contending solely on appeal that the trial court’s denial of his motion for continuance made at the call of the case that morning when he was without counsel deprived him of a reasonable time to prepare a defense.

We find from the record, however, that the court appointed the public defender to represent him and granted a postponement to allow the defender time to [847]*847confer with him, to interview the state’s witnesses, and to inspect the state’s files. When trial actually commenced later that afternoon, no motions for further relief were made; and since different counsel on appeal states in the brief that "the appellant does not contend that the public defender appointed on the spot to represent him is not able counsel,” we will presume that the relief which the trial court did grant was sufficient for the purpose. "In the absence of any showing before the trial court as to why the three-hour postponement was insufficient, we will not hold that the trial court’s discretion was abused.” Gibson v. State, 143 Ga. App. 467, 469 (238 SE2d 562) (1977).

Submitted April 9, 1979 — Decided April 30, 1979 — Rehearing denied May 8, 1979 — Billy N. Jones, for appellant. Dupont K. Cheney, District Attorney, for appellee.

Judgment affirmed.

Banke, P. J., and Carley, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

256 S.E.2d 125, 149 Ga. App. 846, 1979 Ga. App. LEXIS 2052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eller-v-state-gactapp-1979.

Opinion

Related

Cite This Page — Counsel Stack