What is the standard of review for a motion for continuance?

California, United States of America


The following excerpt is from People v. Wilson, 114 P.3d 758, 30 Cal.Rptr.3d 513, 36 Cal.4th 309 (Cal. 2005):

"A motion for continuance should be granted only on a showing of good cause. ( 1050, subd. (e).)" (People v. Seaton (2001) 26 Cal.4th 598, 660, 110 Cal.Rptr.2d 441, 28 P.3d 175.) To support a continuance motion to secure a witness's attendance at trial, a showing of good cause requires a demonstration, among other things, that the defendant exercised due diligence to secure the witness's attendance. (People v. Jenkins (2000) 22 Cal.4th 900, 1037, 95 Cal.Rptr.2d 377, 997 P.2d 1044.) The standard of review for a trial court's denial of a continuance motion is abuse of discretion. (Ibid.) We conclude that defendant failed to show he exercised due diligence in securing the impeaching witnesses' attendance. Thus, the trial court did not abuse its discretion.

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