State Of Louisiana v. Jermaine Williams ( 2023 )

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