What is the test for a pro se defendant to request a continuance of his trial?

California, United States of America


The following excerpt is from People v. Brown, 2d Crim. No. B260000 (Cal. App. 2016):

"The determination of whether a continuance should be granted rests within the sound discretion of the trial court, although that discretion may not be exercised so as to deprive the defendant or his attorney of a reasonable opportunity to prepare." (People v. Sakarias (2000) 22 Cal.4th 596, 646.) While a pro se defendant must be given a reasonable opportunity to prepare a defense (People v. Maddox (1967) 67 Cal.2d 647, 652), a "'defendant who chooses to represent himself assumes the responsibilities inherent in the role which he has undertaken,' and 'is not entitled to special privileges not given an attorney. . . .' [Citations.]" (People v. Barnum (2003) 29 Cal.4th 1210, 1221.)

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