State Of Louisiana v. Jermaine Williams

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2023 KW 0075

VERSUS

JERMAINE WILLIAMS JANUARY 31, 2023

In Re: State of Louisiana, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 1501983.

BEFORE: McCLENDON, HOLDRIDGE, AND GREENE, JJ.

WRIT DENIED.

GH HVG

Mcclendon, J., concurs and would deny the writ application on the showing made. A ruling to grant or deny, a motion for continuance is within the sound discretion of the trial court, and a reviewing court will not disturb it absent · a clear abuse of discretion. See La. Code Crim. P. art. 712; see also State v. Harris, 2001-2730 (La. 1/19/05), 892 So.2d 1238, cert. denied, Harris v. Louisiana, 546 U.S. 848, 126 S.Ct. 102, 163 L.Ed.2d 116 (2005). Therefore, because the state failed to include the trial court's reasons for denying the motion to continue, which were set forth on the record, the state failed to show in the writ application that the trial court abused its discretion by granting the defendant's motion to continue.

COURT OF APPEAL, FIRST CIRCUIT

O\.c-vD DEPUTY CLERK OF COURT FOR THE COURT