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Unpublished Opinion No. 2010-UP-359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.