People v. Vahimarae CA4/2

STATEMENT OF THE CASE

In pretrial proceedings on September 25, 2023, the trial court found good cause to

continue the trial based on “what I would say is [a] joint 1050. Each party has filed a

1050.” (See § 1050, subd. (e) [providing for continuation of trial date “upon a showing

of good cause”].) Defense counsel requested the continuance a week earlier based on a

medical procedure scheduled for the trial date, with a two-week recovery period, and the

prosecutor joined in the request. Defendant objected, “Today’s supposed to be my last

day,” but the court explained “your attorney just had surgery, she’s unavailable” and

found good cause for a continuance.

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 Defendant testified at trial, as did his girlfriend (Jane Doe) and a third party

witness who was exercising at the park in Temecula where defendant and his girlfriend

had an altercation. The responding police officer also testified. The jury’s verdict

reflects that it credited the witness’s testimony that he heard defendant physically attack

Doe after a heated argument in the park bathroom, saw her “very injured” face when…