What is the standard of review for a motion to continue a sentencing hearing?

California, United States of America


The following excerpt is from People v. Harris, C071383 (Cal. App. 2017):

Section 1050, subdivision (e), states: "Continuances shall be granted only upon a showing of good cause. Neither the convenience of the parties nor a stipulation of the parties is in and of itself good cause." Under section 1050, subdivision (e), the trial court has broad discretion to determine whether good cause exists. (People v. Alexander

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(2010) 49 Cal.4th 846, 934 (Alexander).) On appeal, we review the denial of a motion for continuance for abuse of discretion. (People v. D'Arcy (2010) 48 Cal.4th 257, 287.) This standard of review applies to motions to continue sentencing hearings for the purpose of filing a new trial motion as well as requests for time to allow a defendant to retain different counsel. (People v. Snow (2003) 30 Cal.4th 43, 77 [continuance to prepare a new trial motion]; People v. Jeffers (1987) 188 Cal.App.3d 840, 849 (Jeffers) [continuance to permit representation by retained counsel].)

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