Wilkins

Appellant, Daniel Drewlen Wilkins, appeals from a judgment of conviction after a jury trial for possession of cocaine base for sale. Appellant makes numerous contentions on appeal, one of which is he was deprived of his right to a reasonable continuance for the purpose of preparing his defense. We agree a continuance should have been granted and that its denial requires the judgment to be reversed.

Facts and Proceedings Below

Because we only address appellant’s primary contention, we will set forth the relevant facts related to this issue alone.

The information filed June 24, 1988, charged appellant with one count of possession for sale of cocaine base in violation of Health and Safety Code section 11351.5. It further alleged a prior conviction on or about February 24, 1988, of the same offense within the meaning of Health and Safety Code section 11370.2. At the arraignment a deputy public defender was appointed to represent appellant. After appellant entered a plea of not guilty, a pretrial conference was set for July 8, 1988, and trial for August 5, 1988.

At the hearing on July 8, 1988, the pretrial conference was taken off calendar in defendant’s absence as he was…