HELENA, Mont. -

The Montana Supreme Court has upheld a Lolo man's conviction for vehicular homicide while under the influence in the November 2010 death of a pedestrian in Missoula.
    
Brian Holm appealed his conviction, arguing the District Court denied his constitutional right to effective assistance of counsel by denying his request for a continuance to give a new attorney time to prepare.
    
The state argued and the District Court agreed it appeared Holm was just trying to delay his trial in the death of 24-year-old Brian Beaver of Aberdeen, Wash. The Supreme Court upheld the lower court ruling on Tuesday.
    
Holm was sentenced in September 2011 to 15 years in prison, but was free pending his appeal.
    
Holm had heart surgery in Minnesota last month. His attorney, Richard Buley, told NBC Montana Holm is still in the hospital awaiting a possible liver transplant. Buley doesn't know when Holm will return to Montana.