State v. Taylor (2005)

In State v. Taylor, 2005 UT 40, 116 P.3d 360, the Court held that the issue of continuance was properly preserved, even though the appellant did not ask for a continuance at trial, because, "without invitation, the trial court turned away the option of continuing the trial to permit the appellant to adjust his defense to meet the amended date." Id. In that case, the trial court effectively ruled on the merits of a motion for continuance even though the appellant did not actually make such a motion.