State v. Amason, Unpublished Decision (11-17-1999)
State v. Amason, Unpublished Decision (11-17-1999)
Opinion of the Court
This appeal, considered on the accelerated calendar under App.R. 11.1(E) and Loc.R. 12, is not controlling authority except as provided in S.Ct.R.Rep.Op. 2(G) (1).
We overrule the appellant's first assignment of error, upon our determination that the challenges presented therein to the trial court's denial of the appellant's pretrial request for a continuance are untenable. The record does not disclose what evidence might have been produced at trial had defense counsel been afforded more preparation time. Nor does it otherwise demonstrate that the trial court abused its discretion in denying the continuance. See State v. Claytor (1991),
We overrule the appellant's second and third assignments of error, because, upon the evidence adduced at trial, reasonable minds could have reached different conclusions as to whether each element of the offense of theft, as charged in the indictment, had been proved beyond a reasonable doubt, see State v. Thomas (1982),
We, therefore, affirm the judgment of the trial court.
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
Hildebrandt, P.J., Painter and Shannon, JJ.
Raymond E. Shannon, retired, from the First Appellate District, sitting by assignment.
To the Clerk:
Enter upon the Journal of the Court on November 17, 1999, per order of the Court _______________________________. Presiding Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.