What is the burden of proving that a motion for a continuance has been abused or denied?

California, United States of America


The following excerpt is from People v. Deanda, C071300 (Cal. App. 2017):

(1987) 188 Cal.App.3d 840, 850.) When the trial court denies a defendant's request for a continuance, the burden is on the defendant to establish an abuse of that discretion. (People v. Strozier (1993) 20 Cal.App.4th 55, 60.) In determining whether the denial was so arbitrary as to deny due process, we look to the circumstances of each case, paying particular attention to the reasons presented to the trial court at the time the request was denied. (People v. Courts (1985) 37 Cal.3d 784, 791.)

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