People v. Antolin CA1/5

DISCUSSION

I. The Trial Court Did Not Abuse Its Discretion In Denying a Continuance

Defendant contends the trial court abused its discretion in denying his request for a continuance of trial so he could retain counsel. We reject the claim. A. Background In May 2012, defendant was declared incompetent to stand trial and committed to Napa State Hospital. On August 1, he was found competent to stand trial. Trial was set for October 22. On October 22, defendant requested a continuance to enable him to retain private counsel. He asserted, “I had just got an okay with family and friends that they were going to support me in this endeavor. And I spoke with two, Mr. Kass and also Eric Saffire, and one of the two will be hired if the Court’s permitting.” He also asserted, “I’m not requesting time to get a new attorney. I am requesting that I get a new attorney and that I can pay him tomorrow. I don’t need time to hire the attorney. I just need the okay to hire the attorney.” The prosecution objected and stated, “we are ready to

2 The smaller bag of methamphetamine was discovered later by the hotel staff.

2 proceed.” The criminal presiding judge denied defendant’s motion,…