Bailey v. State, 309 Ga. App. 473

Bailey was convicted of possession of cocaine, possession of marijuana, and possession of an open container in a motor vehicle.
Bailey moved for a continuance to obtain an absent witness (driver of the vehicle) who had been subpoenaed.
Trial commenced March 17, 2010; the State rested around 3:40 p.m.
Defense counsel had unsuccessfully attempted to contact the absent witness by telephone for two days.
Trial court denied the early adjournment; jeopardy had attached; the court found insufficient basis to expect the witness would appear if adjourned.
On appeal Bailey challenged the denial of the continuance under OCGA § 17-8-25; the court held the statutory requirements were not met and affirmed denial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion in denying the continuance.	Bailey contends the witness’s absence prevented proving material facts.	State argues the statutory requirements of OCGA § 17-8-25 were not met and the denial was proper.	No abuse of discretion; requirements not met.

Brown v. State, 304 Ga. App. 168, 695 S.E.2d 698 (2010) (discretionary denial reviewed under abuse-of-discretion standard; continuance factors cited)
Riggins v. State, 206 Ga. App. 239, 424 S.E.2d 879 (1992) (guides continuance analysis and procedural posture)
Beasley v. State, 115 Ga. App. 827-828, 156 S.E.2d 128 (1967) (statutory factors for continuance under OCGA § 17-8-25)