What is the test for determining whether a motion for a continuance can be denied?

California, United States of America


The following excerpt is from People v. Price, No. 08HF0039, No. G041997 (Cal. App. 2011):

"'In deciding whether the denial of a continuance was so arbitrary as to violate due process, the reviewing court looks to the circumstances of each case, "'particularly in the reasons presented to the trial judge at the time the request [was] denied.'" [Citations.]' [Citations.]" (People v. Froehlig (1991) 1 Cal.App.4th 260, 265.) "'Discretion is abused only when the court exceeds the bounds of reason, all circumstances being considered. [Citation.]' [Citation.]" (Ibid.)

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