Is a defendant entitled to a continuance to prepare his new attorney to defend his case at a continued hearing?

California, United States of America


The following excerpt is from People v. Coulson, 2d Crim. No. B215322 (Cal. App. 3/24/2010), 2d Crim. No. B215322. (Cal. App. 2010):

Coulson argues that the trial court prejudicially interfered with his constitutional rights to counsel and to present a defense by denying a continuance to permit his newly retained attorney to prepare. (People v. Ortiz (1990) 51 Cal.3d 975, 982 [court should minimize interference with defendant's right to defend himself as he chooses].) He points out that his initial attorney was not available during three of the continued hearings (another attorney appeared on his behalf) and that the prosecutor did not object to prior continuances. Coulson adds that he is entitled to rely upon the advice of counsel when entering a plea and that he later wrote the trial court and stated that his first attorney coerced him into entering a guilty plea.

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