State v. Licari, 322 P.3d 568

Defendant was convicted of resisting arrest, second-degree criminal mischief, and second-degree disorderly conduct; attempted assault of a public safety officer was acquitted.
Arrest occurred September 12, 2010; officers encountered an intoxicated and belligerent defendant and placed him in custody.
Video from police vehicle and jail captured portions of arrest and transport; defense sought to develop mental-state defenses.
Counsel requested a continuance on November 9, arguing inability to privately consult due to confinement at Tillamook County Jail and possible PTSD issues.
Trial court denied the continuance; defense later learned potential PTSD after meeting with defendant and his mother; jury convicted on three counts.
On appeal, defendant challenged the denial of the continuance; the state argued video existed and jail conditions shouldn’t bar mental-state defenses.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether denial of continuance was an abuse of discretion	Defendant argues more time was needed for preparation and potential PTSD defense.	State argues counsel had video and time to prepare despite jail access issues.	No abuse of discretion; denial affirmed.

State v. Wolfer, 241 Or 15 (Or. 1965) (review standard for continuance abuse of discretion)
State v. Dupree, 164 Or App 413 (Or. App. 1999) (continuance not abused where bases were reasonably avoidable)
State v. Rogers, 330 Or 282 (Or. 2000) (discretion defined; range of legally correct outcomes)
State v. Hug, 186 Or App 569 (Or. App. 2003) (abuse of discretion standard for continuance denial)
State v. Hickey, 79 Or App 200 (Or. App. 1986) (circumstances and reasons presented inform continuance ruling)
State v. Burns, 121 Or App 373 (Or. App. 1993) (procrastination can justify abuse finding; timely request matters)
State v. Knight, 160 Or App 395 (Or. App. 1999) (bases for continuance must be reasonably avoidable)