State v. Elizabeth Leanne Howze ( 2022 )

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
The State, Respondent,
v.
Elizabeth Leanne Howze, Appellant.
Appellate Case No. 2019-002068
Appeal From Chester County
D. Craig Brown, Circuit Court Judge
Unpublished Opinion No. 2022-UP-091
Submitted February 1, 2022 – Filed March 2, 2022
AFFIRMED
Appellate Defender Sarah Elizabeth Shipe, of Columbia,
for Appellant.
Attorney General Alan McCrory Wilson and Assistant
Attorney General Mark Reynolds Farthing, both of
Columbia; and Solicitor Randy Newman, Jr., of
Lancaster, all for Respondent.
PER CURIAM: Elizabeth Howze appeals her convictions for possession with
intent to distribute methamphetamine and distribution of methamphetamine. On
appeal, she argues the trial court erred in denying her request for a continuance and
proceeding with her trial in absentia. We affirm.
We find the trial court made the requisite findings that Howze received notice of
her right to be present and was warned the trial would proceed in her absence.
Therefore, the trial court did not err in denying her motion for a continuance. See
State v. Ravenell, 387 S.C. 449, 455, 692 S.E.2d 554, 557 (Ct. App. 2010) ("The
trial court's denial of a motion for a continuance will not be disturbed on appeal
absent a clear abuse of discretion."); Rule 16, SCRCrimP (stating a defendant may
voluntarily waive her right to be present at trial, and therefore, be tried in
absentia); State v. Patterson, 367 S.C. 219, 229, 625 S.E.2d 239, 244 (Ct. App.
2006) (stating that in order to proceed in absentia, "the trial [court] must make
findings of fact that the defendant (1) received notice of the right to be present and
(2) was warned the trial would proceed in [her] absence"); State v. Fairey, 374 S.C.
92, 101, 646 S.E.2d 445, 449 (Ct. App. 2007) ("A bond form that provides notice
that a defendant can be tried in absentia may serve as the requisite notice."); State
v. Jackson, 290 S.C. 435, 436, 351 S.E.2d 167, 167 (1986) ("Notice of the term of
court for which the trial is set constitutes sufficient notice to enable a criminal
defendant to make an effective waiver of [her] right to be present.").
AFFIRMED.1
THOMAS, MCDONALD, and HEWITT, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.