People v. Patterson

(Modified upon denial of petition for rehearing 10/27/17.) Defendant was convicted, after jury trial, of burglary of an Arby's, and was sentenced to 21 years. Trial court did not abuse its discretion in denying Defendant's request for continuance on basis that defense witness, who Defendant said was not available to testify, was not expected to offer any information as to application on Defendant's cell phone. Court did not abuse its discretion in giving accomplice-witness jury instruction, as answer of Defendant's girlfriend, as to whether she was the lookout, was evasive. (LYTTON and SCHMIDT, concurring.)