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2010-UP-359 - State v. George

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.

Benjamin Levi George, Appellant.


Appeal From Clarendon County
George C. James, Jr., Circuit Court Judge


Unpublished Opinion No. 2010-UP-359
Submitted June 1, 2010 – Filed July 12, 2010   


AFFIRMED


Appellate Defender Elizabeth A. Franklin-Best, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Cecil Kelly Jackson, of Sumter, for Respondent.

PER CURIAM:  This is an appeal from a denial of a motion for a continuance.  Benjamin Levi George maintains he was denied his right to counsel of choice when the trial court refused to grant a continuance so that his retained attorney could represent him.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: Rule 7(a), SCRCrimP (providing the trial court may grant a continuance "only upon a showing of good and sufficient legal cause"); State v. Bennett, 259 S.C. 50, 53-54, 190 S.E.2d 497, 498 (1972) (holding the trial court's denial of a motion for a continuance did not deny the defendant his right to counsel when defendant was represented by appointed counsel and sought the continuance to obtain other counsel of his choice on the day set for trial).

AFFIRMED.

FEW, C.J., THOMAS, and PIEPER, JJ., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.