STATE OF GEORGIA

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In re:                 ]

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MOTION FOR CONTINUANCE

Comes now the Defendant in the above-styled and numbered case and by and through his attorney, moves the Court to continue the trial of this case until the next term of Court, and as grounds shows the following:

1.

Defendant applied for a public defender at the time of his Arraignment, . Defendant completed a financial application and was found to qualify for a public defender; however, the public defender announced that her office could not accept any more cases due to the workload. Subsequently, the undersigned was advised by Judge that a formal motion would have to be filed in order to address the overload situation, and counsel thereafter undertook contacting those persons who qualified for a public defender.

Counsel met with the Defendant on , and was informed of numerous witnesses who would need to be interviewed. (Including one witness who threated defendant's life if he was brought into the case.) Apparently the State's original discovery was served upon Defendant; however counsel did not obtain a copy of this discovery until . Additionally, counsel was served with supplemental discovery on . Due to the number of witnesses for both the State and defense, (four of which are State's witnesses without phone numbers) counsel has been unable to complete an investigation of this case and interview said witnesses.

2.

The defendant is guaranteed a right to effective counsel by the Sixth and Fourteenth Amendments to the United States Constitution and by Article I, Section I, Paragraph XIV of the 1983 Georgia Constitution.

3.

Defendant is accused of felony theft by taking and faces severe punishment if convicted.

4.

Counsel for defendant would not be prepared to render effective representation if the case proceeds to trial as now scheduled. Counsel announced that she was "not ready" at the call of the calendar on , and requested a continuance. Judge requested counsel file a written Motion with regard to this matter. Counsel was on trial on another case on , and . Counsel has not had an opportunity to prepare and file said motion until today. Additionally, counsel advised all of her clients to report to her office at 9:00 a.m. on , and has been unable to notify Defendant of his case being called at .

WHEREFORE, defendant moves the Court to continue the trial of this case to the next trial term.

Respectfully submitted,