California, United States of America
The following excerpt is from People v. Jama, D059604, D062197 (Cal. App. 2013):
In exercising its broad discretion in determining whether to grant or deny a motion for continuance in the midst of a trial, the trial court " ' "must consider not only the benefit which the moving party anticipates but also the likelihood that such benefit will result, the burden on witnesses, jurors and the court and, above all, whether substantial justice will be [achieved] or defeated by a granting of the motion." ' " (People v. Samayoa (1997) 15 Cal.4th 795, 840.)
A trial court's decision to deny a defendant's motion for a continuance in the midst of a trial requires a reversal of a judgment of conviction only when the record on appeal demonstrates both an abuse of discretion and prejudice to the defendant. (People v. Samayoa, supra, 15 Cal.4th at p. 840 ["In the absence of a showing of an abuse of discretion and prejudice to the defendant, a denial of his or her motion for a continuance does not require reversal of a conviction."].)
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