Does a defendant have forfeited his constitutional right to a motion for a continuance?

California, United States of America


The following excerpt is from People v. Washington, B257234 (Cal. App. 2016):

4. Washington also contends the trial court "unconstitutionally deprived [him] of his right to prepare a defense," but he failed to raise this objection at trial. Washington thus forfeited any constitutional claim arising from the trial court's order denying his motion for a continuance. (See People v. Huggins (2006) 38 Cal.4th 175, 236-237 [defendant forfeited argument that admission of certain evidence violated due process by not objecting on that ground at trial]; People v. Wilson (2005) 36 Cal.4th 309, 351 ["because defendant objected at trial based only on statutory violations [citations], he has forfeited his state and federal constitutional challenges by failing to object on these grounds"].)

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