People v. Terrell CA3

DISCUSSION

I The Trial Court Was Well Within Its Discretion To Deny Defendant’s Request For A Continuance Made On The First Day Of Trial Defendant contends the trial court abused its discretion in denying his request for a continuance to retain private counsel. As we explain, the court was well within its discretion to deny defendant’s request for a continuance. (People v. Mickey (1991) 54 Cal.3d 612, 660 [standard of review].) Defendant first expressed his desire to retain private counsel on July 16, 2012, and the court gave him two weeks to do so, stating that private counsel would have to show up at the next hearing, which was on July 30, 2012. Defendant nodded his head. However, at a pretrial conference on July 30, 2012, defendant appeared with his assistant public defender and made no mention of wanting to substitute retained counsel. Similarly, a week later, on August 6, 2012, defendant appeared with his assistant public defender at a trial readiness conference and again made no mention of wanting to substitute retained counsel. On August 14, 2012, which was the first day of trial, two weeks past the court’s deadline for defendant to bring in retained counsel, and just…