State v. Hicks, 243 N.C. App. 628 (Oct. 20, 2015)

The trial court did not err by denying the defendant’s motion to continue after rejecting his Alford plea, where the defendant did not move for a continuance until the second week of trial. The defendant argued that he had an absolute right to a continuance under G.S. 15A-1023(b) (providing in part that “[u]pon rejection of the plea arrangement by the judge the defendant is entitled to a continuance until the next session of court”). Here, where the defendant failed to move for a continuance until the second week of trial, his statutory right to a continuance was waived.