Gonzalez

Mark Anthony Gonzalez appeals from the judgment entered following a jury trial which resulted in his conviction of attempted premeditated murder (Pen. Code, §§ 664, 187, subd. (a); count l) and assault by a state prisoner (§ 4501; count 3). The jury also found it was true that during both crimes he personally used a deadly weapon (§ 12022, subd. (b)(1)), and in committing the attempted premeditated murder, he inflicted great bodily injury (GBI) (§ 12022.7, subd. (a)). Appellant admitted to having committed a serious and violent felony which qualified as a strike offense under the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). He was sentenced to prison on count 1 to an indeterminate term of 14 years, or double the seven-year minimum term, to life, plus a determinate term of four years, consisting of the three-year GBI and the one-year deadly weapon enhancements.

Appellant contends that the trial court deprived him of his rights to due process and a fair trial under the federal and state Constitutions by denying his requested continuance, made midtrial, to meet the offered testimony of the People’s gang expert whose identity had been disclosed to…