March v. State

SCARBOROUGH, Chief Justice,

dissenting.

I respectfully dissent.

I agree with the panel of the Court of Appeals that the trial court did not err in denying the motion for continuance. The grant or denial of a motion for continuance rests in the sound discretion of the trial court. State v. Pruett, 100 N.M. 686, 675 P.2d 418 (1984). The trial court does not abuse its discretion when it denies a motion for continuance which is based upon speculation and conjecture concerning what might turn up upon further investigation. Moreover, defense counsel received defendant’s medical records three to four weeks prior to trial but did not request a continuance until the day before trial.