Reaves

People v. Reaves

Good Law
117 Cal. Rptr. 163·1974 Cal. App. LEXIS 1272·42 Cal. App. 3d 852
Court of Appeal of CaliforniaOctober 31, 1974Crim. 25047California1,619 words

Opinion

Opinion

Compton, J.

Defendant was found guilty by a jury of the crime of first degree robbery. The jury also found that at the time of the commission of the offense he was armed with a deadly weapon and that he used a firearm. The trial court at the time of sentencing found sections 3024 and 12022 of the Penal Code inapplicable but did find that section 12022.5 (the use of a firearm) was applicable. Sentence was to state prison. Defendant appeals.

Defendant’s Motion for a Continuance on The Day of Trial Was Properly Denied

Defendant was arraigned on the information on August 30, 1973, and a public defender was appointed to represent him. A readiness conference was set for September 28, 1973, and trial was set for October 9, 1973. The readiness conference was held on the scheduled date. However, on the date of trial the record reflects that the defendant moved to continue both the trial and the readiness conference for further investigation. Trial was thus continued to October 25. On that later date a similar motion by the defendant was granted and trial was continued to November 12, 1973. On November 12, on defendant’s motion, trial was continued to December 5. Again on December 5, on…

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