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Westmoreland v. State

Several of the victim's neighbors identified the defendant as the man who broke into her apartment.

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A jury found Marshall Lee Westmoreland guilty of burglary. His motion for new trial was denied, and he appeals. Westmoreland raises two enumerations of error, claiming that the trial court erred in denying his motion for a continuance and that the evidence was insufficient to support his conviction. We find no error and affirm. 1. On the morning of his trial, Westmoreland informed his counsel that he could identify the man who actually committed the crime. Based on this information Westmoreland’s counsel moved for a continuance so he could investigate Westmoreland’s disclosure. The trial court heard argument from the defense and the State and denied the motion. A motion for continuance is addressed to the sound discretion of the trial court, and this court will not interfere unless it is clearly shown that the court abused its discretion. . . . The trial judge, in the exercise of his discretion to grant or refuse a continuance, has to consider the facts and circumstances of each case to determine what the ends of justice require. Broad discretion must be granted trial courts on matters of continuances. Citations and punctuation omitted. Couch v. State , 256 Ga. App. 822, 823 1 570 SE2d 57 2002. Here, the trial court reasoned that because Westmoreland had been charged and represented by counsel long before his trial date, he had more than sufficient opportunity to discuss this defense with counsel before the morning of trial. The trial court also noted that granting a continuance would set a dangerous precedent and that Westmoreland would have an opportunity to present his claim that another individual committed the burglary if he presented witnesses or took the stand in his own defense.

In his brief, Westmoreland cites the correct standard for this court’s review of the denial of a continuance, but he completely fails to demonstrate in any way that the trial court’s ruling in this case was an abuse of discretion.

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