What is the test for a motion for a continuance in a criminal case?

days before the hearing sought to be continued, together with affidavits or declarations detailing specific facts showing that a continuance is necessary." ( 1050, subd. (b).) "Continuances shall be granted only upon a showing of good cause." ( 1050, subd. (e).) The granting or denial of a continuance is committed to the discretion of the trial court. (People v. Parker (1965) 235 Cal.App.2d 100, 103.)

B. There Was No Abuse of Discretion

Section 1018 provides that "[o]n application of the defendant at any time before judgment or within six months after an order granting probation is made if entry of judgment is suspended, the court may . . . for a good cause shown, permit the plea of guilty to be withdrawn and a plea of not guilty substituted." Defendant spends a good portion of his opening brief claiming that judgment was not complete on October 26, 2016, because it did not include custody credits. In other words, he claims that judgment had not actually been entered when retained counsel was substituted in on November 10, 2016; therefore, he still had time to file a motion to withdraw his plea. To the extent this issue is relevant to defendant's motion for a continuance, we simply state the following: "In a criminal case, judgment is rendered when the trial court orally pronounces sentence. [Citations.] A judgment in a criminal case may consist of a fine, a term of imprisonment, or both [citation]." (People v. Karaman (1992) 4 Cal.4th 335, 344, fn. 9.) Here, the record demonstrates that the court pronounced judgment on October 26, 2016, immediately after defendant pled guilty. It then set another hearing for November 10, 2016, only to resolve the credit issue. We note that appellate counsel admits to not being

Page 7