People v. Merritt

Defendant was convicted of armed robbery. Court did not abuse its discretion in denying Defendant's motion for continuance of trial. Defendant's request to proceed pro se was untimely. Although Defendant sought substitute counsel multiple times earlier, he waited until day of trial to request to proceed pro se, which court granted, but Defendant only then sought a continuance for additional time to prepare. Court allowed Defendant to wait until the following day to present his opening statement, and he was ably assisted by standby counsel. Court properly entered summary dismissal of Defendant's postconviction, as he was not denied due process in court's denial of his request for continuance of trial. (BURKE and SPENCE, concurring.)