{
  "id": 5329162,
  "name": "STATE of New Mexico, Plaintiff-Appellee, v. Johnny GARCIA, Defendant-Appellant",
  "name_abbreviation": "State v. Garcia",
  "decision_date": "1971-04-02",
  "docket_number": "No. 553",
  "first_page": "482",
  "last_page": "482",
  "citations": [
    {
      "type": "official",
      "cite": "82 N.M. 482"
    },
    {
      "type": "parallel",
      "cite": "483 P.2d 1322"
    }
  ],
  "court": {
    "name_abbreviation": "N.M. Ct. App.",
    "id": 9025,
    "name": "Court of Appeals of New Mexico"
  },
  "jurisdiction": {
    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 1902,
    "ocr_confidence": 0.674,
    "pagerank": {
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    "sha256": "63ff393dec54482037faeb792d0251b0f71eac9e4501d5b26cb04483af278d76",
    "simhash": "1:048e962818cd0f72",
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  "last_updated": "2023-07-14T17:16:32.756560+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "SPIESS, C. J., and HENDLEY, J., concur."
    ],
    "parties": [
      "STATE of New Mexico, Plaintiff-Appellee, v. Johnny GARCIA, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "OPINION\nSUTIN, Judge.\nGarcia was convicted of burglary. He appealed. The only claim of error on appeal is that the trial court erred in not granting appellant\u2019s motion for a continuance.\nWe affirm.\nWas Garcia Entitled to a Continuance T\nThe date of trial was January 27, 1970. Notice of trial was given Garcia on December 5, 1969. On the morning of the trial, Garcia\u2019s trial attorney stated that Garcia was not ready for trial because the day before he was in a hospital and began taking codeine; that this was due to a reinjury of an old chest injury; that Garcia had a sort of drug intoxication and he was not in condition to stand trial. The request to postpone the trial was denied. Garcia did not testify about his health, his lack of preparation for trial, nor file a motion for a continuance supported by oath, \u00a7 21-8-7, N.M.S.A. (Repl.Vol. 4), nor present any medical testimony on his ability to be ready for trial.\nThe attorney on this appeal, appointed by the trial court, was not his trial attorney. However, he presented a good brief and argument. But no reasons could be given that the denial of the postponement was prejudicial, or that substantial justice could be more clearly obtained. See \u00a7 21-8-9, N.M.S.A.1953 (Repl.Vol. 4) on continuance.\nThe granting or denial of a motion for continuance is within the discretion of the trial court. There was no abuse of discretion.\nWe have read and considered the authorities cited by Garcia, and these do not compel a different conclusion.\nThe judgment and sentence are affirmed.\nIt is so ordered.\nSPIESS, C. J., and HENDLEY, J., concur.",
        "type": "majority",
        "author": "SUTIN, Judge."
      }
    ],
    "attorneys": [
      "Harold B. Albert, Albuquerque, for defendant-appellant.",
      "David L. Norvell, Atty. Gen., Santa Fe, Prank N. Chavez, Asst. Atty. Gen., for plaintiff-appellee."
    ],
    "corrections": "",
    "head_matter": "483 P.2d 1322\nSTATE of New Mexico, Plaintiff-Appellee, v. Johnny GARCIA, Defendant-Appellant.\nNo. 553.\nCourt of Appeals of New Mexico.\nApril 2, 1971.\nHarold B. Albert, Albuquerque, for defendant-appellant.\nDavid L. Norvell, Atty. Gen., Santa Fe, Prank N. Chavez, Asst. Atty. Gen., for plaintiff-appellee."
  },
  "file_name": "0482-01",
  "first_page_order": 538,
  "last_page_order": 538
}