What is the test for a motion to extend the trial of a defendant in a criminal case?

California, United States of America


The following excerpt is from People v. Somoza, B250592 (Cal. App. 2014):

Continuances in criminal cases may only be granted on an affirmative showing of good cause. ( 1050, subd. (e).) "Motions to continue the trial of a criminal case are disfavored and will be denied unless the moving party, under . . . section 1050, presents affirmative proof in open court that the ends of justice require a continuance." (Cal. Rules of Court, rule 4.113.) While a trial court should not exercise its discretion to deny a continuance that would unfairly deprive a defendant of a reasonable opportunity to prepare a defense (People v. Snow (2003) 30 Cal.4th 43, 70), it is nonetheless not required to indulge every request for additional time where good cause is not clearly identified (Courts, supra, 37 Cal.3d at pp. 791-792).

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