We find that Ashley's right to exclusion of evidence of time and place accrued upon his compliance by filing a notice of alibi on February 8, 1983, and that the applicable sanction for the State's failure to respond is provided by the recodified statute, Ind. Code § 35-36-4-3. See: Williams v. State (1985), Ind., 478 N.E.2d 47 (Ind. Code § 35-36-4-1 (Burns 1984 Supp.), a recodification providing procedure for alibi notice, also effective September 1, 1982, applied where offense occurred September 2, 1981, crime charged September 11, 1981, and alibi notice filed November 11, 1982). As the appropriate sanction is exclusion of evidence showing defendant to be at a time and place different from that stated in the information or indictment, no error occurred when the state presented evidence showing the defendant to be at a place and time consistent with the charging information.
The trial court clearly has discretion to order a continuance as the sole remedy for a violation of the statute. Williams v. State (1985), Ind., 478 N.E.2d 47, 49 (where testimony of State's witnesses on cross-examination differed from answer to alibi notice by one day, "defense was entitled to no more than a reasonable continuance to expand its alibi coverage"); Owens v. State (1975), 263 Ind. 487, 499, 333 N.E.2d 745, 751 (continuance is appropriate remedy); Reed v. State (1963), 243 Ind. 544, 551, 188 N.E.2d 533, 536 (continuance, not exclusion, is proper remedy); cf. Wallace v. State (1981), Ind., 426 N.E.2d 34, 40 (even for continuance, defendant must show prejudice). Here, Wilson did not request a continuance.