In his brief, appellant relies upon Tims v. State, 26 Ark. App. 102, 760 S.W.2d 78 (1988), supp. op. on reh'g, 26 Ark. App. 106-A, 770 S.W.2d 211 (1989), and Neville v. State, 41 Ark. App. 65, 848 S.W.2d 947 (1993), and also objected to the documents as ambiguous concerning the prior representation issue. We do not address this argument because it is raised for the first time on appeal. Oliver v. State, 312 Ark. 466, 851 S.W.2d 415 (1993). SENTENCING AS HABITUAL OFFENDER — USE OF PRIOR CONVICTION JOHNSON COUNTY CIRCUIT COURT #CR-76-48
At the circuit-court level, H.C. also had to show good cause for the court to grant his motion to continue the case. See Oliver v. State, 312 Ark. 466, 471, 851 S.W.2d 415, 417 (1993). Arkansas Rule of Criminal Procedure 27.3 supplies the good-cause standard
[t]he burden is on the movant to show good cause for a continuance. Oliver v. State, 312 Ark. 466, 851 S.W.2d 415 (1993). A motion for a continuance is addressed to the discretion of the trial judge and will not be reversed absent an abuse of discretion. Verdict v. State, 315 Ark. 436, 868 S.W.2d 443 (1993).
Verdict v. State, 315 Ark. 436, 868 S.W.2d 443 (1993). A trial court's denial of a continuance will not be overturned absent an abuse of discretion. Oliver v. State, 312 Ark. 466, 851 S.W.2d 415 (1993). We find no abuse of discretion here. Hortman was on the State's witness list and Ferrell had been provided with a copy of Hortman's previous statements.
Mr. Butler argues the Trial Court erred because the doctrine of constructive fraud supports his claim despite the lack of evidence of reliance. No such argument was made to the Trial Court, so we decline to consider it. Grandjean v. Grandjean, 315 Ark. 620, 869 S.W.2d 709 (1994); Oliver v. State, 312 Ark. 466, 851 S.W.2d 415 (1993). Mr. Butler's only other argument is that the Trial Court should have applied the doctrine of transferred intent.
Oliver filed a timely notice of appeal. We affirmed the trial court's denial to transfer Oliver's case to juvenile court in Oliver v. State, 312 Ark. 466, 851 S.W.2d 415 (1993).I. Admission of confession
Any party may appeal from an order granting or denying the transfer of a case from one court to another court having jurisdiction over the matter. Since the passage of Act 273, we have considered a number of cases involving transfer by way of interlocutory appeal. See Davis v. State, 319 Ark. 613, 893 S.W.2d 678 (1995); Sebastian v. State, 318 Ark. 494, 885 S.W.2d 882 (1994); Beck v. State, 317 Ark. 154, 876 S.W.2d 561 (1994); Walter v. State, 317 Ark. 274, 878 S.W.2d 374 (1994); Bell v. State, 317 Ark. 289, 877 S.W.2d 579 (1994); Johnson v. State, 317 Ark. 521, 878 S.W.2d 758 (1994); Whitehead v. State, 316 Ark. 563, 873 S.W.2d 800 (1994); Oliver v. State, 312 Ark. 466, 851 S.W.2d 415 (1993); Holland v. State, 311 Ark. 494, 844 S.W.2d 943 (1993); Wicker v. State, 310 Ark. 580, 839 S.W.2d 186 (1992); Walker v. State, 304 Ark. 393, 803 S.W.2d 502, supplemental opinion on denial of rehearing, 304 Ark. 402-A, 805 S.W.2d 80 (1991); Slay v. State, 309 Ark. 507, 832 S.W.2d 217 (1992); Cobbins v. State, 306 Ark. 447, 816 S.W.2d 161 (1991); Bradley v. State, 306 Ark. 621, 816 S.W.2d 605 (1991). However, we have also described appeals from denials of transfer motions as "although . . . interlocutory in nature, they are appealable by statute."
Brooks, 256 Ark. at 1063, 511 S.W.2d at 656. It is also well settled that a party cannot change the basis of argument on appeal. Oliver v. State, 312 Ark. 466, 851 S.W.2d 415 (1993); Crow v. State, 306 Ark. 411, 814 S.W.2d 909 (1991). Appellant's argument at trial did not apprise the trial court of the arguments he now makes on appeal. Thus, we do not reach the arguments and, accordingly, affirm the judgment of conviction.
The burden is on the movant to show good cause for a continuance. Oliver v. State, 312 Ark. 466, 851 S.W.2d 415 (1993). A motion for a continuance is addressed to the discretion of the trial judge and will not be reversed absent an abuse of discretion. Verdict v. State, 315 Ark. 436, 868 S.W.2d 443 (1993).
The burden is on the movant to show good cause for a continuance. Oliver v. State, 312 Ark. 466, 851 S.W.2d 415 (1993); See also Ark. R. Civ. P. 27.3. The motion is addressed to the sound discretion of the trial judge and will not be reversed absent an abuse of that discretion. King v. State, 314 Ark. 205, 205 S.W.2d 229 (1993). Appellant must demonstrate resulting prejudice and no prejudice is presumed in this context.