448 S.E.2d 34 | Ga. Ct. App. | 1994
Defendant was charged via uniform traffic citation with the offense of driving under the influence. A jury found him guilty and he appeals. Held:
1. In his first enumeration, defendant contends the trial court erred in failing to grant his oral motion to quash and dismiss the traffic citation. He argues that the traffic citation was defective under OCGA § 17-4-23 (a) because it did not list the names of Coweta County Sheriff’s Deputies Jai Robertson and Errol Johnson, the off-duty law enforcement officers who had personal knowledge of the facts leading to his arrest.
OCGA § 17-4-23 (a) provides in pertinent part: “Whenever an arresting officer makes an arrest concerning the operation of a motor vehicle based on information received from another law enforcement officer who observed the offense being committed, the citation shall list the name of each officer and each must be present when the charges against the accused person are heard.” The provisions of this Code section are unrelated to the substantive elements of any traffic
2. In his second enumeration, defendant contends the trial court erred in granting the prosecution’s motion for a continuance and in denying his motion to dismiss for want of prosecution, arguing that a continuance was unwarranted because the absent prosecution witnesses had not been subpoenaed.
“All applications for continuances are addressed to the sound legal discretion of the court and, if not expressly provided for, shall be granted or refused as the ends of justice may require.” OCGA § 17-8-22. Where the time has expired for a defendant to demand his statutory right to a speedy trial, OCGA § 17-8-21 provides in pertinent part, “a continuance shall not be granted to the state, except upon a reasonable showing therefor.” See Blevins v. State, 113 Ga. App. 702 (149 SE2d 423). “The grant of a continuance . . . rests within the sound discretion of the trial court and will not be reversed on appeal absent a showing of abuse. [Cits.]” Stephens v. State, 196 Ga. App. 29 (1) (395 SE2d 353). The absence of a material witness for the state is a reasonable showing within the meaning of OCGA § 17-8-21. Griggs v. State, 35 Ga. App. 663 (2) (134 SE 333). In the case sub judice, the record shows that at least one of the two absent law enforcement witnesses for the state had been issued a subpoena. Consequently, the trial court did not abuse its discretion in granting the state a one-hour postponement due to the absence of this material witness. The denial of defendant’s motion to dismiss for want of prosecution is not supported by citation of authority or argument and so this portion of defendant’s enumeration is deemed to be abandoned pursuant to Court of Appeals Rule 15 (c) (2). Gaston v. State, 211 Ga.
Judgment affirmed.