Can a motion for a continuance be reviewed for abuse of discretion?

California, United States of America


The following excerpt is from People v. Banks, E052014, Super.Ct.No. RIF150708 (Cal. App. 2011):

"'A continuance in a criminal trial may only be granted for good cause. ( 1050, subd. (e).) "The trial court's denial of a motion for continuance is reviewed for abuse of discretion." [Citation.] "There are no mechanical tests for deciding when a denial of a continuance is so arbitrary as to violate due process. The answer must be found in the circumstances present in every case, particularly in the reasons presented to the trial judge at the time the request is denied." [Citations.]' [ Citation.]" (People v. D'Arcy (2010) 48 Cal.4th 257, 287-288.) Defendants bear a heavy burden when attempting to show an abuse of discretion. (People v. Aubrey (1998) 65 Cal.App.4th 279, 282.)

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